2025:CGHC:58509-DB SOURABH BHILWAR SOURABH BHILWAR NAFR Date: 2025.12.03 17:36:46 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6286 of 2025 M/s Vijay Kumar Shailendra Kumar Construction Pvt. Ltd. Office Address- Plot No. A-28, Vidhya Vihar, Nehru Nagar (West), Bhilai, Chhattisgarh 4920020, Through Their Its Director Shailendra Kumar Mishra S/o Shri Ramanuj Mishra, Aged About 56 Years, R/o Plot No. A-28, Vidhya Vihar, Nehru Nagar West, Ward No. 60, Katul Board, Motilal Nehru Nagar, Bhilai, District : Durg, Chhattisgarh ... Petitioner versus

1 - State Of Chhattisgarh Through Its Principal Secretary, Water Resource Department, Govt. Of Chhattisgarh, Mantralaya, Naya Raipur Capital Complex, Tahsil- Raipur, District : Raipur, Chhattisgarh

2 - Chief Engineer Mahanadi Godawari Basin Water Resource Department, Raipur, District : Raipur, Chhattisgarh

3 - Executive Engineer Water Resource Division Rajnandgaon, District :

Rajnandgaon, Chhattisgarh

4 - Ram Shiromani Tiwari ‘A’ Class Contractor Vardhman Nagar, Qtr No.

103, Rajnandgaon Chhattisgarh- 491441

5 - M/s S. Kumar Construction Company Through Its Partner Mr. Mukesh Kumar Lakkar Aged About 48 Years R/o Maharani Laxmibai Chowk, Abhanpur, District : Raipur, Chhattisgarh

6 - Shree Rani Sati Granite Company Through Its Partner Mr. Vijay Kumar Kediya, R/o Station Road, District Manendragarh-Chirmiri-

Bharatpur, Chhattisgarh- 497442 ... Respondents (Cause title is taken from CIS)

For Petitioner : Mr. Rajkamal Singh, Advocate appeared through Video Conferencing assisted by Mr.

Shubham Dwivedi, Advocate For Respondents/ : Mr. Vivek Sharma, Advocate General alongwith Mr. S. S. Baghel, Dy. Govt. Advocate State Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru, Judge

03.12.2025

1. By way of this writ petition, the petitioner has prayed for the following reliefs:-

“10.1 This hon'ble Court may please be kind enough in calling entire records of the subject Tender & detailed report from respondent No.1 in respect of the subject NIT No.: 09/SAC/2025-26, Dated: 17.10.2025 (Annexure P-

1).

10.2 This hon'ble court may please be kind enough in directing the respondents to open the petitioner's price bid and to award the work to the lowest bidder in the subject e-Tender vide NIT No.: 09/SAC/2025-26, Dated:

17.10.2025 (Annexure P-1).

10.3 This hon'ble court may please be kind enough in directing the respondents to treat the petitioner as technically qualified, having fulfilled the requirement of Physical Turnover for the correct 5-year period i.e., 2020- 2021 to 2024-2025, as per Clause 1.2 of the aforesaid NIT.

10.4 This hon'ble court may please be kind enough in restraining the respondents from awarding the tender in question to any third party, including respondent No.4, without considering the petitioner's price bid.

10.5 This hon'ble Court may please be kind enough in granting any other relief & the cost of the petition.”

2. The brief facts of the case are that the petitioner participated in an e-Tender (Annexure P-1) floated by the respondents on 17.10.2025 bearing System Tender No. 177951 for the work titled “Remodeling and C.C. Lining of Main Canal 0 M to 26790 M with construction of 29 structures viz. 3 nos. of Syphon, 2 nos. of Non-controlling Weir, 18 nos. of Inlet, 6 nos. of Minor Head at Minor (Ratapayli, Kirgi-1, Kirgi-2, Bhothali, Sambhalpur, Bhawarmara) with 73 nos. of Colaba at different chainages and repair of wing wall and parapet wall of Shivnath Diversion Scheme under Dongargaon, District Rajnandgaon.” The petitioner submitted his bid and fulfilled all the eligibility conditions prescribed under the Notice Inviting Tender. As per Annexure-1 of the NIT, bidders were required to submit physical turnover for the last five years, and in the tender form, it was further required to submit physical turnover pertaining to the firm’s business in any one of the last five financial years from 2019-20 to 2023-24. However, the correct period