2025:CGHC:58343-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6095 of 2025 M/s Shri Buildcon Builders And Developers Vinoba Nagar, Bilaspur C.G., Through Its Authorized Partner Raghudipak Sahu S/o Sukhdev Prasad Sahu.

--- Petitioner versus

1 - Central Mine Planning And Design Institute Limited (CMPDI) Through Its Chairman Cum Managing Director Gondwana Place, Kanke Road, Ranchi, Jharkhand – 834008.

2 - Regional Director, CMPDI Regional Institute- V, Seepat Road Bilaspur C.G.

495006.

3 - Head Of Department (Civil), CMPDI Regional Institute- V, Seepat Road Bilaspur C.G. 495006.

4 - SDJV, Near Chithra Talkies, Rani Road, Korba Chhattisgarh 495677, Through Mr. Karan Pandey Also R/o At Near Chithra Talkies, Rani Road, Korba, C.G. 495677.

--- Respondent(s)

(Cause Title Taken From Case Information System)

For Petitioner(s) : Mr. Aman Saxena, Advocate.

For Respondent(s) No. 1 to 3 : Mr. Vaibhav Shukla, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

02/12/2025

1 Heard Mr. Aman Saxena, learned counsel for the petitioner. Also heard Mr. Vaibhav Shukla, learned counsel appearing for the respondents No.

1 to 3.

2 By this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“10.1 Issue a Writ, Order, or Direction in the nature of Certiorari quashing and setting aside the Tender Committee Recommendation dated 28.10.2025 canceling the tender vide NIT No. CMPDI/RV/CVL/25-26/05/1090 dated 02.06.2025.

10.2 Issue a Writ, Order, or Direction in the nature of Mandamus declaring that the Petitioner, M/s Shri Buildcon, is the rightful L1 (lowest) bidder in the aforesaid tender.

10.3 Issue a Writ, Order, or Direction in the nature of Mandamus directing the Respondents to issue Letter of Acceptance (LOA) to the Petitioner as L1 bidder for "Construction of Sports Complex in CMPDI Regional Institute V, Bilaspur CG FY 2025-26" at the Petitioner's quoted rate of Rs. 2,10,98,725.50 (including GST) within a stipulated time frame.

10.4 Issue a Writ, Order, or Direction in the nature of Certiorari quashing and setting aside the subsequent fresh tender vide NIT No. CMPDI/RV/CVL/25-26/18/1352 dated

02.11.2025 (2nd Call) for the same work.

10.5 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case may also please be granted to the Petitioner.”

3 The facts, as projected by the petitioner are that the petitioner, a partnership firm engaged in construction works, is L1 bidder for CMPDI's tender for construction of sports complex, having quoted lowest rate including GST as per NIT. The Respondent No.1, Central Mine Planning and Design Institute Limited (CMPDI), through Respondent No.3, floated a Notice Inviting Tender (NIT) vide NIT No. CMPDI/RV/CVL/25-26/05/1090 dated 02.06.2025 on the website https://coalindiatenders.nic.in under two-part system for the work of "Construction of Sports Complex in CMPDI Regional Institute V, Bilaspur CG FY 2025-26". The NIT expressly and unambiguously stipulated that (a) the estimated cost was INCLUDING GST (Clause 1 of NIT clearly states "Estimated Cost of Work (Including GST) (In Rs. 3,02,70,768.27") (b) Clause 8(D) of the NIT stipulated eligibility criteria related to Goods and Services Tax (GST), requiring bidders to be either GST Registered Bidder under regular scheme or GST registered bidder under composition scheme or GST unregistered bidder, and mandated submission of relevant documents as per their GST status. The petitioner, being a competent and eligible contractor, participated in the tender process and submitted its bid through the online e-procurement portal. The petitioner submitted both technical bid (Cover-1) and financial bid (Cover-II) in accordance with the terms and conditions of the NIT, and paid the requisite EMD. That on 07.07.2025, the technical bids of all bidders were opened by the respondents. Nine bidders partici