IGH COURT OF CHHATTISGARH AT BILASPU \H R « .B. HGN’BLE SHRI DH!RE~HA, & ON'BLE SHRI’R.N. CHANBRAKAR, J WRIT PETIfION (cmo’ 4802 of 201 o Shiv Gopa! Upadhyay. Proprietor o n Upadhyay, aged about 45 years R/o Valshall Naa! Gole Market Bhlla| Dust Durg (CG) PETITONER’ I Vgus er esors . overnment of Chhathsarh undettamg roug he Secretary, oca ei Gr DK havan Ralpur CG B () eChie‘f‘ Municial Offce ’emea’ra, Ds ur 3 e M l f th tter ‘ r BL Dembra counse or e peiion M No 2 s Deepah Pandey, counsel for respondent RALDRDE oR (m ) 25 August, 2010 P D Mh J er hlrendra rsra, the Instant wnt petmon the petitioner has prayed for quasmg he orr dat 23m Februar, 2010 (Annexure P/1) passed by responden 01 whereb a final notice has been served upon the petitioner irecin im to deosn a sum of Rs659 634l- by way of cash or in uniCialit Fund by 26‘“ February, 2010 as directe earier Vi uniciaht s memo dated 15‘“ February, 2010 failing which proceeings o allati is tender shall be initiated and FDR furnished by him shall b orf F td i p Sdd ‘ Ad cm to d e V m a ( s f p h e o, t the rom perusal of the record it appears that the petitioner participae n the tender rocess for construction work under “Hat Bazar amn ahar" shee and submitted his tender on 26 8 2009 He was directe eposd a sum of Rs 6 59 634l- his offer being 10 20% of the tender valu ide emo dted 15 2 2010 Annexure P/3) by 23’“ February, 2010 On hi ailure to deosn the above amount by the stipulated time anoter m f Annexure P/1 was issued to him and he was called upon to deposr bove sum by 26‘“ February, 2010 However he failed to compy Wih th a l t e dirctions d s j “ 4) e an ubmitted his obection on 27‘ March 2010 (Annexure P1 ‘D NDRAWSR H J S/ Sh NK. “ g G g k thh ‘t Ll Sf ovenment S Rpndert‘ 1 .Th p ir! Bf itL bg (§§) Presnt u L By h of ‘ t de ed y t N y dtg h p FDR the Mpy d l de Mpy d fr cnceon of h e feited. hat there Is no rowsuon In the work orders Issued bv the Mumcmahtv fo urnishin FDR as Annexure-H is not apphcable m the ummpame Fom d ht he r the documents available on record we atso fm ta t umcnpaltty has aiready mVIted fresh tenders for the aforesaid work o rde Annexure PIS and the work has been fmalrzed In favour of m tr oonrct Thus after gog b on rd f t in throuéh‘th’e material availale reco we ind tha he petrtroner dld not respond to the memos dated 15 2 2010 (Annexure Pl3 and 23 2 2010 Annexure P/1) He submitted hrs oblectron or e first trme against the demand of Rs 6 59 634l- only on 27 3 2010 after the tener was e-advertld on 17‘ 2010 vrde Annexure P16 ln these Circumstances w o not deem rt arorrate to rnterfere In the contractual maters m exercis f wrrt urisdrctron under Articles 226/227 of the Constrtutron of lndta an rsmrss the petrtron at the admtssron stage Itse on e ground of dela an aches as also on the ground of availability of alternatrve remedy of flrng crl Dhirendra Mishr Jge t p r fg Mls M n 17 32010 v " soe ohe taor; t )‘ ( f th d rse e d ppp t e o j d d lf th y d» l vr a ud