2026:CGHC:12597-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1152 of 2026 Ashok Kumar Mittal Engineers And Contractors Proprietor- Ashok Kumar Mittal S/o P.L. Mittal, Aged About 59 Years Hig-02, M.P. Nagar, Niharika Road, Korba (C.G.)

... Petitioner(s)

versus

1. State of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Nava Raipur, Distt.- Raipur (C.G.)

2. Chief Engineer (Tender Cell) Office Of Engineering-In-Chief, Water Resources Department Shivnath Bhawan, North Block, Sector 19, Nava Raipur, Atal Nagar, Raipur Distt.- Raipur (C.G.)

3. M/s S. Kumar Construction Co. Through Partner Mukesh Ku.

Lakker S/o Mohanlal Lakker Office Address- Maharani Laxmibai Chowk, Abhanpur, Distt.- Raipur (C.G.)

...Respondent(s)

(Cause-title taken from Case Information System)

Digitally For Petitioner : Mr. H.S. Ahluwalia, Advocate.

signed by BRIJMOHAN BRIJMOHAN MORLE For Respondent/State : Mr. Shashank Thakur, Additional MORLE Date:

2026.03.17 +0530 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

17.03.2026

1. Heard Mr. H.S. Ahluwalia, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Additional Advocate General, appearing for the State/respondent.

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

“1. The Hon’ble Court may kindly be pleased to call for the entire records pertaining to the invited tender through NIT No. 42/SAC/25-25 with system tender No. 182199 regarding work of reconstruction of Bagod Anicut cum Lift Irrigation Scheme at block Kanker, for its kind perusal.

2. That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 06.03.2026 (Anneuxre P/1) and order dated 06.03.2026 (Annexure P/2) declaring the respondent No. 3 to be succesful bidder.

3. That this Hon’ble Court may kindly be direct the respondent authority to open the financial bid of the petitioner and if it is found to be lowest bid then the petitioner may be declared to be successful bidder.

4. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”

3. Learned counsel for the petitioner submits that the petitioner is a proprietorship firm represented through its proprietor and is entitled to all legal and constitutional rights guaranteed under the Constitution of India. It is submitted that respondent No. 2 invited a tender on 24.12.2025 through NIT No. 42/SAC/25-26 with System Tender No.182199 for the work of Reconstruction of Bagod Anicut Cum Lift Irrigation Scheme at Block Kanker having a probable contract value of Rs. 2177.50 lakhs (excluding GST). The stipulated period for completion of the work was 18 months (including rainy season) from the date of issuance of the work order.

4. Learned counsel for the petitioner further submits that the petitioner submitted its bid through the online portal https://eproc.cgstate.gov.in on 14.01.2026 at 1:26 p.m. Along with the bid documents, the petitioner furnished its A-Class Registration Certificate issued by the Public Works Department bearing Unique Identification Number CGeR01707 dated 16.08.2024, along with all other requisite documents in terms of the tender conditions. It is contended that as per Clause 2.1.4 of Part-II of the Notice Inviting Tender dated 24.12.2025, after opening of Envelope “B”, evaluation of pre-qualification was to be carried out on the basis of the information furnished in the annexures submitted by the tenderers. During scrutiny of the documents, the petitioner was shown to be disqualified on the ground that its registration had been downgraded from Class-A to Class-B. Consequently, an explanation was sought from the petitioner through email dated 02.02.2026 directing the petitioner to submit its reply within two days, failing which it would be presumed that the petitioner had no explanation to offer and the tender process wo