2026 Supreme(Online)(Chh) 27538
HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
S.S. Construction – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 4182 of 2026
For the Appellants/Petitioners: Manoj Kumar Yadav
For the Respondents: S. S. Baghel, Manoj Chauhan
A writ petition may be disposed of with liberty to the petitioner to pursue a pending representation before the competent authority, particularly when related legal challenges are already pending before the court.
Headnote:(A) Writ Jurisdiction - Pending Representation - When a petitioner has already submitted a representation to the competent authority and has filed separate related litigation, the Court may dispose of the petition by granting liberty to the petitioner to pursue the pending representation. (Para 4, 5)
Issues: Whether the petition challenging the issuance of a new tender overlapping with a subsisting contract should be entertained while a representation is pending before the authority.
(Cause-title taken from Case Information System)
Order on Board
Per Ramesh Sinha, Chief Justice
1. Heard Mr. Manoj Kumar Yadav, learned counsel for the petitioner.
Also heard Mr. S. S. Baghel, learned Govt. Advocate, for the State, and Mr. Manoj Chauhan, learned counsel for the respondent No. 4.
2. The present petition has been filed by the petitioner with the following prayer:
"1. The Court may kindly be pleased to call for the entire records pertaining to the impugned System Tender No. 195131 (NIT No. 382/2026) dated 09.07.2026 issued by Respondent No. 4, for kind perusal of this Hon'ble Court;
2. The Court may kindly be pleased to pass appropriate writ(s)/order(s) and quash the Notice for System Tender No. 195131 (NIT No. 382/2026) dated 09.07.2026 so far as it overlaps with the petitioner's subsisting contract;
3. Alternatively, the Court may kindly be pleased to pass appropriate writ(s)/order(s) and direct the respondents to decide pending representation submitted by petitioner in stipulated time in an objective manner marked as Annexure P/4.
4. Any other relief/direction that the Court may deem fit in the facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that the petitioner has already filed a separate petition challenging the action of blacklisting, which is likely to come up for consideration before this Court. He further submits that the grievance raised in the present petition relates to the issuance of a new Tender No. 195131 (NIT No. 382/2026) for the same wards, incorporating identical SORs, introducing arbitrary machine ownership clauses, and overlapping with the petitioner’s subsisting contract. He further submits that the petitioner has already submitted a representation before the competent authority and the same is pending consideration.
4. Considering the aforesaid submissions and the fact that the petitioner has already filed a separate petition challenging the action of blacklisting and his representation is stated to be pending before the concerned authority, we are of the view that no useful purpose would be served in keeping the present petition pending.
5. Accordingly, the present petition is disposed of with liberty to the petitioner to pursue his pending representation, and the competent authority shall consider and decide the same in accordance with law.
6. With the aforesaid liberty, the petition stands disposed of. No order as to costs.