ANUJ KUMAR MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Prateek Sharma, learned counsel for the petitioner. Also heard Mr. Sudeep Agrawal, learned Deputy Advocate General for the State/respondents No. 1 & 2, Mr. Vinod Deshmukh, learned counsel for the respondent No. 3 as well as Mr. R.S.Patel, learned counsel for the respondent No. 4.

(2.) The petitioner, who is an Advocate, has filed this application in the nature of public interest litigation under Art. 226 of the Constitution of India, challenging the tender issued by the respondent No. 3-Managing Director, Chhattisgarh Marketing Federation Limited, inviting request for proposal ('for short, RFP') for supply of semi-skilled and un-skilled labourers at paddy collection centers for the Kharif Marketing Year 2021-2022. A specific prayer is made for insertion of a clause in the RFP requiring licence under the Private Security Agencies (Regulation) Act, 2005 (for short, 'the Act of 2005').

(3.) In terms of the RFP, the bid start date was 13.10.2021 and the bid open date is scheduled today at 12 noon. It is pleaded that as per the existing policy of the State of Chhattisgarh, paddy is purchased at the government prescribed fixed rate from the farmers which is double the market rate for their benefit, and after processing the same, rice is distributed through the public distribution system to the marginalised sections of the society through government fair price shops. It is further pleaded that while some loss is expected during the process on account of various reasons, of late it has been noticed that such loss is increasing from 2% consistently, which was considered to be normal loss.