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2026 Supreme(Online)(Chh) 16515

2026:CGHC:21562-DB


NAFR


HIGH COURT OF CHHATTISGARH AT BILASPUR


WPC No. 2265 of 2026


1 - Sohan Lal Nayak S/o Namku Ram Nayak Aged About 54 Years R/o

Subhash Nagar Ward No. 1, Dornapal Sukma District Sukma (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Secretary, Public Works

Department, Mahanadi Bhawan, Atal Nagar (Naya Raipur) District

Raipur (C.G.)

2 - Collector (Tribal Welfare) District Sukma (C.G.)

3 - Chief Executive Engineer Public Works Department, Jagdalpur

District Bastar (C.G.)

4 - Executive Engineer Rural Engineering Services, Division Sukma

District Sukma (C.G.)

... Respondent(s)


For Petitioner(s) : Mr. P. K. Tulsyan, and Mr. K. K. Baharani,

Advocate.

For Respondent(s) : Mr. Praveen Das, Addl. Advocate General.


Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal, Judge


Order on Board

Per Ramesh Sinha, Chief Justice

08/05/2026

1. Heard Mr. Praveen Kumar Tulsyan, and Mr. Karan Kumar Baharani, learned counsel for the petitioner as well as Mr. Praveen Kumar Das, learned Additional Advocate General, appearing for Respondent/State.

2. By filing the present petition, the petitioner has prayed for following relief(s) :-

“10.1 Issue a writ of certiorari or any other appropriate writ to Quash and/or set aside the E-Tender Notice dated 24.04.2026 (Annexure P/1);

10.2 Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents to disclose reasons for non-finalization/cancellation of the earlier tender dated 13.03.2026 (Annexure P/3);

10.3 Issue an appropriate writ directing the Respondents to finalize the tender process dated 13.03.2026 and award the contract in accordance with law;

10.4 Grant any other relief(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, including costs of the petition.”

3. The subject matter, in brief, is that the petitioner is a registered “B” Class Government Contractor with the Public Works Department and participated in the E-Tender Notice No. 05 (Second) dated 13.03.2026 issued by respondent No. 02 for construction of a Post-Matric Boys Hostel at Golapalli, Block Konta, District Sukma. It is the case of the petitioner that after completion of the technical and financial evaluation process, he was declared as the lowest bidder (L-1). However, instead of awarding the work to the petitioner, respondent No. 02 issued a fresh E-Tender Notice No. 05 (Third) dated 24.04.2026 for the very same work without cancelling the earlier tender process. Aggrieved by the issuance of the fresh tender notice, the petitioner sought information under the Right to Information Act, 2005 and also submitted a representation before the authorities, but no satisfactory response has been received, compelling him to file the present writ petition.

4. Learned counsel for the petitioner submits that the petitioner, being a registered “B” Class Government Contractor, had participated in the E-Tender process initiated vide notice dated 13.03.2026 for construction of a Post-Matric Boys Hostel at Golapalli, Block Konta, District Sukma and, after being declared technically qualified, emerged as the lowest bidder (L-1) in the financial bid. It is submitted that despite completion of the tender process up to the stage of financial evaluation, respondent No. 02, without assigning any reason and without formally cancelling the earlier tender process, illegally issued a fresh E-Tender Notice dated 24.04.2026 for the very same work. According to learned counsel, such action is arbitrary, unreasonable, violative of Article 14 of the Constitution of India and contrary to the settled principles governing public procurement. It is further submitted that re-floating the tender without disclosing any valid reason amounts to colourable exercise of power and raises serious apprehension regarding lack of transparency and fairness in the decision-making process. Learned counsel further submits that though the petitioner sought information under the Right to Information Act and also submitted a representation before the authorities, no response has been furnished till date. Hence, it is contended that the petitioner had a legitimate expectation that the tender process would be taken to its logical conclusion and, therefore, the impugned action of the respondents deserves interference by this Court.

5. Per contra, learned State counsel would submit that mere participation in the tender process or emergence of the petitioner as the lowest bidder (L-1) does not confer any indefeasible or vested right upon him to claim allotment of the contract. On instructions, he would also submits that the clause 17 of the NIT dated 13.03.2026 specifically requires the names of a qualified engineer for supervision of the work done by the contractor, when the cost of work is more than one crore rupees, fo

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