2026:CGHC:2377-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 165 of 2026

1 - Ashok Kumar Mittal S/o Shri P.L. Mittal, Aged About 60 Years, Occupation “A” Class Contractor, R/o Main Road Korba, Police Station And Tahsil Korba District-

Korba (C.G.) ... Petitioner versus

1 - State of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2 - The Engineer-In-Chief, Water Resources Department, Raipur, District - Raipur (C.G.)

3 - The Chief Engineer Godawari Basin Jagdalpur, District- Bastar (C.G.) 4 - The Executive Engineer, T.D.P.P. Water Resources Division, Jagdalpur, District-

Bastar (C.G.)

5 - Ram Shrimani Tiwari “A” Class Contractor, Vardhman Nagar, Quarter No. 103, Rajnandgaon, District- Rajnandgaon (C.G.)

... Respondents Digitally signed by MOHAMMED A D A at D e I : L 2 K 02 H 6 A .0 N 1.20 (Cause-title taken from Case Information System)

18:16:19 +0530 For Petitioner : Mr. Goutam Khetrapal, Advocate.

For State/Respondents :Mr. Shashank Thakur, Deputy Advocate No.1 to 4 General.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

15-01-2026

1. Heard Mr. Goutam Khetrapal, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General for the State/Respondents No.1 to 4.

2. The petitioner by way of present petition under Artilcle 226 of the Constitution of India prays for following relief(s):-

“10.1 That, the Hon’ble Court may kindly be pleased to call the records of the case from the respondents for its kind consideration of the Hon’ble Court.

10.2 That, this Hon’ble Court may kindly be pleased to set-

aside/quash the entire tender proceeding of NIT No.26/SAC/25-26, dated 25.11.2025 System Tender No.180278 (Annexure P-3)

10.3 That this Hon’ble Court may kindly be pleased to set-

aside/quash disqualification of petitioner’s BID dated

02.01.2026 (Annexure P-1)

10.4 That, this Hon’ble Court may kindly be pleased to set -

aside/quash the proceedings dated 02.01.2026 (Annexure P/12), whereby the respondent no. 5 has been declared as L-1 contractor.

10.5 That this Hon’ble Court may kindly pleased to direct the respondents to allow the petitioner to participate in the bid/tender by opening the financial bid of the petitioner.

10.6 That this Hon’ble Court may kindly pleased to direct the respondents not to issue work order in respect of NIT No. 26/SAC/25-26, dated 25.11.2025 System Tender No. 180278 in favour of private respondent no.

5.

10.7 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

3. The facts of the case in brief as projected in the petition are that, the respondent No.3 has issued NIT on 25-11-2025 bearing NIT No. 26/SAC/25-26, System Tender No. 180278 for renovation work of main canal from R.D. 0.00 Km to 24.00 Km of Kosarteda Medium Irrigation Project in Block Bastar, District Bastar. The cost of the tender was 4083.10 Lakhs and the amount of earnest money was Rs.5 Lakhs. The time to complete the work was 30 months including the rainy season from the date of issuance of work order. The bid start date and time was 02-12-2025, 17:31 hours. The bid due date and time is 16-12-2025, 17:30 hours and bid open starting date and time was 17-12-2025, 11:30 hours. As per the condition of the NIT the copies of requisite documents was to be submitted through online mode and the tender shall be received through online only. The petitioner being Class A contractor, duly submitted his online tender form with relevant documents as required in Annexure III. The respondent No.5 was also participated in the said tender process. On 13-12-2025 at about 12:03 p.m. the respondent No.3 communicated that he is found disqualified due to submission of incorrect supporting document of Annexure III and asked his explanation within two days from the communic