2025:CGHC:59051-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6362 of 2025 Trilochan Singh Saluja S/o Late Niranjan Singh Saluja Aged About 70 Years R/o Bahadur Ganj Ward, Ward No. 20, Kawardha, District-

Kabirdham (C.G.)

... Petitioner(s)

versus

1. The State of Chhattisgarh Through The Secretary, Food Civil Supplies and Consumer Protection Department, Government of Chhattisgarh, Indravati Bhawan, Capital Complex, Sector 19 Atal Nagar, Nava Raipur, Chhattisgarh 492018.

2. Chhattisgarh State Co-Operative Marketing Federation Ltd.

(Markfed) Through The Managing Director, Raipur, 6th Floor Tower C Commercial Complex, Cbd, Sector 21, Block C, Nava Raipur, Atal Nagar, Chhattisgarh.

3. The Collector Kabirdham, District- Kabirdham (C.G.)

4. District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation Ltd., Shaym Nagar, Ward No. 08, Kawardha (Kabirdham), District- Kabirdham (C.G.)

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Vaibhav A. Goverdhan, Advocate.

Digitally signed by For Respondent/State : Mr. Shashank Thakur, Deputy Advocate BRIJMOHAN BRIJMOHAN MORLE MORLE Date: General.

2025.12.05 +0530 For Respondents No. 2 & 4 : Mr. Animesh Tiwari, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

05.12.2025

1. Heard Mr. Vaibhav A. Goverdhan, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State and Mr. Animesh Tiwari, learned counsel, appearing for respondents No. 2 and 4.

2. The present writ petition has been filed by the petitioner with the following prayers:

“i. Issue an appropriate writ/writs, order or direction, quashing the impugned order/memo dated 27.11.2025 bearing No. IT/Nivida/2180/2025 (Annex.P-1) issued by the respondent No. 4, whereby the Bid number:

GEM/2025/B/6805573, was cancelled;

ii. Issue an appropriate writ/writs, order or direction, to the respondent No. 4, to open the bid of the petitioner in respect of the Bid number: GEM/2025/B/6805573, and to proceed further in accordance with terms and conditions of NIT;

iii. Pass such further or other orders as may be deemed just, proper, and expedient in the facts and circumstances of the case, including costs of this petition.”

3. Learned counsel for the petitioner submits that on 18.10.2025, respondent No.1 issued an E-NIT through the GeM portal bearing Bid No. GEM/2025/B/6805573 for carrying out the work of “Handling, Transport and Other Mining Services – Percentage Quote Based – Handling Service” for the paddy procurement centre located at Bazar Charbhata, District Kabirdham (C.G.). It is submitted that the NIT clearly prescribed the last date for submission of bids as 18.11.2025 and required each bidder to furnish an EMD of Rs. 50,000/- along with various mandatory documents prescribed under the general conditions of contract. These documents included a valid local registration certificate, Employees’ Provident Fund (EPF) code number, payment returns for the past three years (2022–23, 2023–24, 2024–25), GST registration, PAN card, income tax returns for the relevant years, and a list of at least twenty labourers proposed to be engaged for execution of the contract. According to learned counsel, these requirements were specific, exhaustive, and easily verifiable, thereby enabling only genuine and competent contractors to participate.

4. Learned counsel for the petitioner further submits that the petitioner fully satisfied all the eligibility conditions, and therefore, participated in the tender process by submitting his bid well within the stipulated time. He asserts that the petitioner uploaded all the requisite documents as mandated and also duly deposited the EMD amount of Rs. 50,000/-. After submission of his bid, the petitioner was awaiting the scheduled opening of the tender, with the legitimate expectation that the respondents would process the tender strictly in