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2026 Supreme(Online)(Chh) 12218

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
M/S NIKU KEDIA A PROPRIETORSHIP FIRM – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/1264/2026



2026:CGHC:13624-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1264 of 2026 M/s Niku Kedia A Proprietorship Firm Through- Its Proprietor Niku Kedia S/o Pawan Kedia Age About 38 Years Having Office At Rajan Attachi House Kashyap Complex Telipara Bilaspur (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary Urban Administrative Department Nava Raipur, District- Raipur (C.G.)

2 - Director Urban Administrative Department Nava Raipur District- Raipur (C.G.)

3 - Municipal Commissioner Municipal Corporation Risali, District- Durg (C.G.)

4 - Executive Engineer Municipal Corporation, Risali, District- Durg (C.G.)

5 - Kiran Construction Company Near Civic Center Bhilai Chhattisgarh … Respondents (Cause title taken from Case Information System)

For Petitioner : Mr. K.P.S. Gandhi, Advocate VED PRAKASH For Respondents/State : Mr. Shaleen Singh Baghel, Govt.

DEWANGAN Advocate Digitally signed by VED PRAKASH For Respondents No. 3 & 4 : Ms. Shailja Shukla, Advocate DEWANGAN Date: 2026.03.27 Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha, C.J.

23/03/2026

1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner calling in question the legality, validity and propriety of the impugned order dated 10.03.2026 passed by Respondent No.3 – Municipal Corporation, Risali, whereby the petitioner has been blacklisted and debarred from participating in future tender processes. The petitioner has further assailed its disqualification from the tender process initiated vide Bid No. GEM/2025/B/6994589 dated 15.12.2025 and the consequential action of declaring Respondent No.5 as the L-1 bidder. The grievance of the petitioner is that the impugned blacklisting order has been passed in a wholly arbitrary manner, without issuance of a proper show cause notice, without conducting any inquiry and without affording any opportunity of hearing, thereby violating the principles of natural justice and Article 14 of the Constitution of India.

2. The petitioner has filed the present petition seeking for the following reliefs:-

“In view of the facts and grounds mentioned hereinabove, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to: (i) Issue an appropriate writ, order or direction, preferably in the nature of Certiorari, quashing and setting aside the impugned blacklisting order dated 10.03.2026 passed by Respondent No.03 –

Municipal Corporation Risali.

(ii) Issue an appropriate writ, order or direction declaring the action of the respondents in disqualifying the petitioner from the tender process of Bid No. GEM/2025/B/6994589 dated 15.12.2025 as illegal, arbitrary and violative of principles of natural justice.

(iii) Issue an appropriate writ, order or direction directing the respondents to reconsider the technical and financial bid of the petitioner in accordance with law in the tender process relating to procurement of

33 E-cards for goods.

(iv) Issue an appropriate writ, order or direction quashing the action of the respondents declaring Respondent No. 5 as L-1 bidder with a quoted amount of about Rs. 1,64,96,700/-, despite the petitioner having submitted a substantially lower bid of approximately Rs. 75,07,500/-, and to take a fresh decision in the tender process strictly in accordance with law and principles of fairness and transparency.

(v) Issue an appropriate writ, order or direction restraining the respondents from giving effect to the blacklisting of the petitioner and from debarring the petitioner from participating in future tender processes.

(vi) Issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

(vii) Award the cost of the petition in favour of the petitioner.

(viii) Call For record of tender process of Bid No. GEM/2025/B/6994589 dated

15.12.2025”

3. The facts, in brief, are that the petitioner is a proprietorship f

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