[2026:RJ-JD:1640]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 331/2026 Balaji Trading Company, Through Its Proprietor Hanuman Singh S/o Sh. Sadram, Aged About 44 Years, R/o Jalberi, Tehsil Dhorimana, Dist. Barmer.

----Petitioner Versus

1. The State Of Rajasthan, Through The Chairman And Principal Secretary, Department Of Food And Civil Supplies, Government Of Rajasthan, Secretariat, Jaipur.

2. District Supply Officer, Balotra, District Balotra.

----Respondents For Petitioner(s) : Mr. Rajesh Joshi, Sr. Advocate assisted by Mr. Mahendra Vishnoi For Respondent(s) :

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

Concluded &

reserved on : 12/01/2026 Pronounced on : 16/01/2026

1. The petitioner has preferred the present writ petition seeking following relief:-

“(i) Quash and set aside the impugned orders dated 16.12.2025 (Annexure-P/10) and 18.12.2025 (Annexure-P/9), issued by the respondent authorities, whereby the e-tender for transportation of good grains under the Public Distribution System for the financial year 2025-26 has been cancelled, being arbitrary, illegal, and violative of Article 14 of the Constitution of India;

(ii) Quash and set aside the consequential fresh Notice inviting Bid dated 23.12.2025 (Annexure-P/11), issued by the respondent authorities, as being unsustainable in law and contrary to the tender process already concluded in favour of the petitioner;

(iii) Direct the respondents to finalize the tender process pursuant to the e-tender dated 31.07.2025 (Annex.5) in favour of the petitioner being the declared L-1 bidder, in accordance with law and the tender conditions;

(iv) Issue an appropriate writ, order, or direction restraining the respondents from acting upon or finalizing the fresh tender dated 23.12.2025 (Annex.11) during the pendency of the present writ petition.”

2. The facts, in a nutshell, are that the District Supply Officer, Barmer, issued an e-tender dated 01.05.2025 for handling and transportation of food-grains under the Public Distribution System from FCI depots to Fair Price Shops. Pursuant to the said e-tender dated 01.05.2025, as many as six bidders participated, out of which three bidders, including the petitioner, were declared technically qualified.

2.1 Upon opening of the financial bids, one Pawan Kumar Singh Bhati was found to be the L-1 bidder, having quoted a rate 21% higher than the estimated rate. The petitioner’s bid was also found to be responsive; however, the rate quoted by him was about

48.21% higher than the estimated rate.

2.2 Considering the higher rates quoted by the successful bidders, the respondent Department decided to cancel the tender. Thereafter, a fresh e-tender for the same work was floated on 31.07.2025. Pursuant to the said e-tender, the sole bid submitted by the petitioner was found to be responsive. The rate quoted by the petitioner was 25% higher than the estimated rate, and he was declared the L-1 bidder. The bid was finalized by the Procurement Committee, and its recommendation was forwarded to the District Collector, Barmer, who in turn forwarded the same to the Principal Secretary for approval.

2.3 In the interregnum, as the tender process could not be concluded, the existing contractor, i.e. the present petitioner, was permitted to continue the work on the same terms and conditions.

2.4 Although the petitioner was declared the L-1 bidder and was called upon for post-bid negotiations to reduce the quoted rates, the respondent Department, vide order dated 18.12.2025 (Annex.9), cancelled the e-tender in compliance with the order dated 16.12.2025 (Annex.10) passed by the Additional Food Commissioner and directed issuance of fresh e-tenders. Thereafter, a fresh Notice Inviting Tender was issued on

23.12.2025 (Annex.11). Hence, the present petition.

3. While arguing the writ petition, learned Senior Counsel Mr. Rajesh Joshi, assisted by Mr. Mahendra Vishnoi, made the following submissions:-

(I) The order dated 18.12.2025 (Annex.9) passed by the District