SHRI RAM TRADERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) For the reasons stated in the application No.3/2022 filed by the respondents No.1 to 5 for taking documents on record, the same is allowed. The documents appended with the application are taken on record.

(2.) Learned counsel for the petitioner submitted that he has filed an application dtd. 27/4/2022 seeking amendment in the writ petition which is yet to come on record and hence, the matter may be adjourned.

(3.) Learned counsel for the petitioner submitted that this Court has passed the interim order dtd. 3/3/2022 taking into consideration that without termination of contract in its favour granted by the respondents vide letter of award dtd. 8/6/2020 for a period of 36 months, they have issued a second contract in favour of the respondent No.6 vide letter of award dtd. 19/1/2022 which was impermissible under the terms of contract. He submitted that averments in the writ petition contained in Para 9 has to be read in consonance with Clause 8 of the terms and conditions of contract which speaks of termination of contract in favour of the petitioner before the work under the contract can be awarded in favour of any other person. Learned counsel submitted that even otherwise also, the documents placed by the respondents on record, cannot be said to have any bearing on the issue unless contract awarded in its favour is terminated. He, in support of his submissions, relied upon judgments of Hon'ble Apex Court of India in cases of S.J.S. Business Enterprises (P) Ltd. vs. State of Bihar and Ors.; (2004) 7 SCC 166 and Arunima Baruah vs. Union of India (UOI) and Ors.; (2007) 6 SCC 120.