1. State of Chhattisgarh Through Secretary, Department of Health & Family Welfare, Govt. of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (CG) 492015 2. Directorate of Health Services (DHS) Through its Director, Department of Health & Family Welfare, Government of Chhattisgarh, Third Floor, Indravati Bhawan, Nava Raipur, Atal Nagar, Raipur (CG) 492101 3. National Health Mission ( NHM), through its Director, Ministry of Health & Family Welfare, Government of India, Nirmal Bhawan, New Delhi 110011. 4. National Health Mission (NHM) through its Mission Director, Department of Health & Family Welfare, Govt. of Chhattisgarh, Housing Board Commercial Complex, 4th Floor, Sector27, North East Corner, Atal Nagar (CG) 492015 5. Consortium of M/s R. K. Transport And Constructions Ltd. M/s Pashupatnath Distributors Pvt. Ltd. And M/s Ranjan Engicon Pvt. Ltd. Through Its Lead Partner, M/s R. K. Transport And Constructions Ltd. Registered Office At HIG07, Behind Madan Complex, Sector 02, Shankar Nagar, Raipur (CG) 492007 6. M/s NTPC Limited Korba Super Thermal Power Station, Vikas Bhawan, Post Office Jamnipali, District Korba (CG) 435450 Respondents For Petitioner : Mr. Prafulla N Bharat, Advocate For Respondent No.1, 2, 4 : Mr. Vikram Sharma, For Respondent No.5 : Mr. Vaibhav Shukla, Advocate For Respondent No.6 : Mr. B.D. Guru, Advocate 2 Hon'ble Shri P.S. Koshy & Hon'ble Shri Parth Prateem Sahu, JJ Order On Board Per Parth Prateem Sahu, J 24/05/2021 1. Challenge in this writ petition is to the arbitrary action on the part of respondents No.2 in the proceedings with regard to RFP dated 06.03.2021 bearing Ref. No.05/DHS/102/2021 inviting tenders for selection of 'service provider for Fleet Management of 102 Mahatari Express in the State of Chhattisgarh' whereby respondents No.2 has not decided representation submitted by petitioner on 6.4.2021 stating that the respondent No.5, who had suppressed material fact by making wrong declaration mandatorily required under Column No.7 of Clause 3.5 of the tender document, suffered disqualification. 2. Necessary facts for disposal of this petition are that respondent No.2 had floated RFP dated 06.03.2021 for selection of 'service provider for Fleet Management of 102 Mahatari Express in the State of Chhattisgarh' (for short 'the RFP'). Pursuant to RFP, total five bidders submitted their bids and all of them have been found to be technically qualified. Upon opening of commercial/financial bids on 25.3.2021, respondent No.5 emerged as 'LI' and petitioner as 'L2'. Petitioner received information from reliable sources that the respondent No.6 has banned business dealing with respondent No.5, hence petitioner submitted representation 3 before the respondent No.2 on 6.4.2021 specifically requesting for disqualifying the respondent No.5 on the ground that the respondent No.6 issued order of banning of business dealings with respondent No.5. Requested to take necessary action as per terms & conditions of tender document; to proceed further and to award the work to the next lowest bidder i.e. L2. However, even after lapse of sufficient time representation submitted by the petitioner has not been decided, which made the petitioner to file this petition with following reliefs: "10.1.Issue an appropriate writ of mandamus or any other appropriate writ, order or direction directing the respondent No.2 to disqualify and reject the bid submitted by the respondent No.5 in accordance with subclause (5) of Clause 2.18 of the RFP; 10.2.Issue an appropriate writ