2026:CGHC:2679-DB ROHIT KUMAR NAFR CHANDRA Digitally signed by ROHIT HIGH COURT OF CHHATTISGARH AT BILASPUR KUMAR CHANDRA WPC No. 176 of 2026 Kunal Pratap Singh S/o Vijay Kumar, Aged About 34 Years B Class Registered Contractor, R/o Near Gyatri Mandir, Sakri, Tahsil Sakri, Bilaspur C.G. ... Petitioner versus

1 - State of Chhattisgarh Through Its Secretary, Department of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G.

2 - Engineer-In-Chief, Water Resources Department, Chhattisgarh, Shivnath Bhawan, Sector-19, North Block, Nawa Raipur Atal Nagar, Raipur C.G.

3 - Chief Engineer (Tender Cell), O/o Engineer-In-Chief, Water Resources Department, Chhattisgarh, Shivnath Bhawan, Sector-19, North Block, Nawa Raipur, Atal Nagar, Raipur C.G.

4 - Chief Engineer, Hasdeo Basin, Water Resources Department, Bilaspur (C.G.)

5 - Superintending Engineer, E/M, Water Resources Circle, Sakri, Bilaspur C.G.

6 - Executive Engineer, E/M, L.M.T.W. And Gate Division, Department, Sakri, Bilaspur C.G.

7 - Executive Engineer, Kharung Water Resources Division, Bilaspur C.G.

... Respondents -----------------------------------------------------------------------------------------------

For Petitioner : Mr. Malay Shrivastava, Advocate For Respondents/State : Mr. Shashank Thakur, Addl. Adv. General -----------------------------------------------------------------------------------------------

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

Order on Board

Per Ramesh Sinha, Chief Justice

16.01.2026

1. Heard Mr. Malay Shrivastava, learned counsel for the petitioner as well as Mr. Shashank Thakur, learned Additional Advocate General, appearing for the State-respondents.

2. The present petition has been filed by the petitioners under Article

226 of the Constitution of India, with the following prayers :-

“10.1 That this Hon'ble Court may kindly be pleased to direct the respondents to produce the entire records.

10.2 That, this Hon'ble Court may kindly be pleased to quash the order dated 01/01/2026 passed by respondent no.2 bearing No.4263823/Tender Cell/2025/3539 (TC) (ANNEXURE P/1)

10.3 That this Hon'ble Court may kindly be pleased to direct the respondents to declared the petitioner qualified and issue the work order in favour of the petitioner pursuant to the NIT No.19/SAC/e-

procurement/2025-26 dated 20/11/2025.

10.4 Any other relief(s)/order(s)/direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

10.5 Cost of the petition.”

3. Brief facts of the case are that on 09.10.2025, Respondent No.1 issued Notice Inviting Tender (NIT) No.16/SAC/ e-procurement/ 2025-26 for the work of “Painting of Vertical Lift Gates and E/M parts of Kudri Barrage Scheme under Block Baloda, District Janjgir-Champa (C.G.)”, with a probable contract value of Rs.197.51 lakhs and an Earnest Money Deposit (EMD) of Rs.1.49 lakhs. However, no bids were received within the stipulated period, and consequently, no further proceedings were undertaken. Thereafter, on 20.11.2025, Respondent No.1 issued a second NIT bearing No.19/SAC/e-procurement/2025-26 for the same work with identical specifications and eligibility criteria. Clause 2.1.1 of the NIT required submission of a valid bid security (EMD) with minimum validity of twelve months from the date of commencement of bid submission. The petitioner, being eligible and already executing works for the department, submitted its bid along with an FDR dated 27.11.2025 for Rs.1,49,000/- as EMD. The petitioner was the sole bidder in response to the second NIT, and no other participant submitted any bid. However, vide order dated 01.01.2026, Respondent No.2 disqualified the petitioner on the ground that the tenure of the EMD was insufficient as per the NIT conditions. Hence, this petition.

4. Mr. Malay Shrivastava, learned counsel for the petitioner vehemently argued that the order 01.01.2026 passe