iHHSH — .,/? -^ I IN THE HON'BLE HI6H COURT OF CHHATTESGARH AT BILASPUR (C.G.) Writ Petition (C) No. '2-cL(J'> pf 2011 PETTTEONER M/s Poddar Pharma Ceutical Private Limited, through the Managing Director, V.K. Jain, aged about 53 years, S/o Shri P.C. Jain, R/o E-35, Industriat Area, Hardwar (U.K.) VERSUS ^ \ ..-•", RESPONbENTS <~^:1. ^ State of Chhattisgarh, through the ^T' Secretary Health & Family Welfare Department, D.K.S. Bhawan, Mantralaya, Raipur (C.6.) 2. The Director, Health Services, Directorate Beside Mantralaya Bhawan, Raipur (C.G.) '<^...' *^ .•"• (^..^ ^ ,.^~ .•c:^~ \ <^ .,sf WRFT PETITEON UNDER ARTICLE 226 OF THE CONSTITUTEON OF INDIA AT ivis Writ Petition (ci No. 2045 of 2011 petitloner Poddar Ph-arma Ceutica! Private Limited, through the Managlng Dlrector, VK Jain, aged about 53 years, S/o Shri PC Jain, R/o E-35, industrial Area, Hardwar (U.K.) •versus- Respondents St-ate of ChhatSisgarh, Through ihe Secretary, Health & Family Welfare Department, DKS Shawsn, Mantralaya, Raipur(CG) The Director, Heaith Services, Directorate Beside Mantraiaya Bhawan, Raipur (CG) 'eseni: Shri R.K. Agrawai, counse! for the pstitloner. Shri Surnesh Bajaj, Govt. Advocate for the State. i-h (Passed on 18'" April, 2011) mir' ^ 'he petitioner has fiied the instant petltion and prayed for the foiiowing reliefs: (1) (iij 2. That this Hon'bie Court may kindly be pieased to set-aside the impugned undated, unslgned notice (Annexure P/1) with ai! iubsequent actions and further be pieased to direct the respondent authoritiss to execute the agreement and issue work order to the petitionerfirm, in accordance with law. That, any other relief/order which may deem fit and just in the facts and circumstances of the inciudlna avrard of the costs of the petition may be given. Grievance of the petitioner Is that in response to tender notice dated ,th 29'" ?(4ay, 2010 (Annexure P/2), the petitioner participated In tender process and submitted his offer throuah online tenderins submiliing his offer aiong with reievant documents. cess, as aiso ifter verificatior Al ..N\ "SSSh B s&!ssss^ g Earnest Money Deposit and other documents submlttsd by the petitioner, his price bid was opened and the rates quoted by him for certaln medicines were found lowest and the same were accepted. However, ail of a sudden, an undated and unsigned notice of Annexure P/1 was pubiished in the notice board ofthe respondents, wherein it is shown that fhe petltioner's tender has been canceiled oft the grcund that he has fi!ed Sales Tax Clearance Certificate for the year 2006-07, and not for the remaining years. 3. Shri Agrawa!, learned counse! for the petitioner submits that valid Sajes Tax C'earance Certificates (Annexure P/4) issued by the competent authority on 26.11.2009 for the assessment year 2006-07 28.5.2010 for the assessment year 2007-08 have already been submitted by the petit'oner. Ths Sa'es Tax Ciearance Certificate is valid for a period of one year. verification of the aforesaid documents, the petitioner's price bid •was opened. However. the respondents have maiafidely disquaiified the setitioner on non-existentground. 4. He further submits that the petitioner has aiready served the respondents with a tegai notic-e of Annexure P/5 dated 21 .3.2011. h'owever, when no decision was taken by the respondents and finaily, iist of successful tenderers was published and they were directed to fuifill the necessai'y formalities of rate contract by 26 March, 2011 and unsuccessfui tenderers were asked to take back their EM.D vide Annexure P/6, the instant petition las been fiied. Itisf'urther submitted that the instant petitlon may be disposed of with IIIberty to the petitioner to file a suitable representation before the competent authority of the respondents for redressa! of his grievances raised in this petition and ths respondents may be directed to decide the said representation within a specified period after affording opportunity of hearin! to the petltioner in accordance with iaw. ^'! .,==-'"^£ ^:: \ fe # 3 6. Shri Sumesh Bajaj, learned Govt. Advocate for the State, has no objection If the petition is disposed of in the aforesaid terms. 7. ln view of above submissi'ons of the respective parties, the instant petition is disposed of with liberty to ths petitioner to file a suitable representation along with copy of this order before the cornpetent authorify of the respondents for redressai of his grievances raised in this petition, wifhin a period of 10 days from today. On such representation being fiied, the competent authority of the respondents shail consider and decide the s-ame expeditiously, preferabiy within a period of six weeks from the date of receipt of representation, after affording opportunity of hearing to the petitioner, in accordance with law. Sd/- hirendra 'e Sd/- R.N. Chandrakar Judge