MANJU AGRO P LTD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) by this writ petition filed under Art. 226/227 of The Constitution of India, petitioner, prays for issuance of a writ in the nature of mandamus or any other appropriate form of direction/order restraining the respondents Nos. 1 to 17 from issuing work/purchase orders to respondents No. 32 to 35. Further prayer of the petitioner is to the effect that respondents No. 1 to 31 be commanded to implement the clause of earnest money exemption to small scale industrial unit of chhattisgarh state as per the clause 4.7 of chhattisgarh state store purchase rule 2002. Petitioner has also further prayed that tender of the petitioner be opened as the same has not been opened.

(2.) the petitioner is a manufacturer of daliya and ready-to-eat food. It is a small scale industrial unit duly registered. Copy of the certificate of the registration has been filed vide Annexures p-29 & p-30. As such, it has been established and is working at raipur. It is submitted that respondent No.2 published an Advertisement on 4-4-2003 (Annexure p-1) in hindi daily navbharat inviting tenders for 2003-2004 for supply of ready-to-eat food in various anganwadi centers mentioning therein that the tenderers should deposit Rs.300/- for purchase of tender form. It is also stated that the petitioner deposited the said amount for purchase and obtained the tender from vide Annexure p-2. It is also submitted that after fulfilling the formalities, he submitted the tender form duly filled to respondent No.3 on 7-5-2003 at raipur. It is also submitted that similar advertisements were issued inviting tenders for supply of Ready-To-Eat Food to various districts. In response to the advertisement published in nav bharat for the districts of mahasamund, durg, rajanandgaon, kanker, jagadalpur, dantewara, bilaspur and raipur, petitioner obtained tender forms and those were submitted before the respective authorities between 8-5-2003 to 31-5-2003. Copies of those advertisements have been filed vide Annexure P-1 to P-35. It is submitted that these tenders were made opened in 2003 and the petitioner was informed vide letter dated 28-5-2003 (pg. No. 144) that the petitioner's tender was not considered for non-deposit of security amount.

(3.) counsel for the petitioner submitted that the tender form was in folder form. The chhattisgarh store purchase rules 2002 have been framed by the state in its executive powers and they were notified in the official gazette on 15-1-2003 (Annexure p-38), which have been made applicable w.e.f. 1-12-2002. The petitioner submits that he had approached the industries department and had written a letter on 5-5-2003 to the General Manager, Dic, Raipur, for issuance of a competency certificate. The said letter has been received by the dic raipur on the same day. The contents of the said letter are quoted below :