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2026 Supreme(Online)(Raj) 13015
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anuroop Singhi, J
NETEL (INDIA) PRIVATE LIMITED – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Civil Writ Petition No. 7719/2026
For the Appellants/Petitioners: Prateek Kasliwal, Gauri Jasna
For the Respondents:
The court granted an interim stay on the cancellation of a tender process, maintaining parity with previous orders of a Co-ordinate Bench where tenders were cancelled without justifiable reasons after technical qualification.
Headnote:(A) Tender Process - Cancellation of Tender - Arbitrariness - Cancellation of a tender process after a bidder is found technically qualified and while financial bids are under evaluation, without providing justifiable reasons, is subject to judicial review. (Para 2)
(B) Interim Relief - Parity - Where a Co-ordinate Bench has granted interim stay in similar circumstances, parity should be maintained to ensure consistency in judicial administration. (Para 5)
Issues: Whether the cancellation of the tender process after technical qualification of the petitioner was justifiable and whether interim stay should be granted.
| Table of Content |
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| 1. challenge to tender cancellation after technical qualification and financial bid evaluation. (Para 1 , 2 , 3 , 4) |
| 2. grant of interim stay based on judicial parity with co-ordinate bench orders. (Para 5 , 6 , 7 , 8) |
1. The present writ petition has been filed by the petitioner assailing the communication dated 17.04.2026 (Annexure-8) made by respondent No.3 - Chief Engineer, Local Self Government Department, Government of Rajasthan, vide which the petitioner has been informed that the tender floated by the respondents for establishment of MRF Plants (with Pit Composting) under three different clusters being cluster no.6, 7 and 8 with 10 Year O&M period under CM budget announcement 2025-26 as per Solid Waste Management Rules, 2016 (as amended) and Swachh Bharat Mission (Urban) 2.0 guidelines, has been cancelled and the demand draft/ bank guarantee deposited by the petitioner towards earnest money is being refunded.
2. Mr. Prateek Kasliwal, learned counsel for the petitioner, at the very outset, submits that once the petitioner was found to be technically qualified and its financial bid was under evaluation for the said tender work, there was no occasion whatsoever for the respondents to float another tender for the very same work without giving any justifiable reason for cancelling the earlier tender process.
3. Learned counsel for the petitioner further submits that the respondents had even gone ahead and issued a communication to the bank of the petitioner vide letter dated 24.03.2026 (Annexure-4) with respect to the confirmation of the bank guarantees issued by the petitioner's bank in favour of the petitioner, which were duly confirmed by the said bank.
4. Learned counsel for the petitioner also placed reliance upon the interim orders passed by this Court in S.B. Civil Writ Petition No.4340/2026, titled as M/s Sayar Devi Construction Company Vs. State of Rajasthan dated 16.03.2026 and S.B. Civil Writ Petition No.6677/2026, titled as M/s Shree Janki Communication Vs. State of Rajasthan dated 13.04.2026, wherein under similar set of circumstances, the Co-ordinate bench of this Court has passed interim orders and has stayed the further tender process in those matters.
5. Taking note of the aforesaid submissions and maintaining parity with the orders passed by the Co-ordinate Bench, let notices be issued to the respondents, returnable within four weeks. Notice be also sent through registered post in addition to the normal process.
6. Notice be given 'dasti' to learned counsel for the petitioner.
7. List the matter on 26.05.2026.
8. Till the next date, the effect and operation of the order dated 17.04.2026 (Annexure-8) shall remain stayed and the respondents are restrained from proceeding ahead with any tender process qua the work for which the bid was submitted by the petitioner.
