MATESHWARI CONSTRUCTION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the work order was awarded to one Shri Mahaveer S/o. Chunni Lal, Resident of Brahmano Ka Mohalla, Aakadsada, Aasind, District Bhilwara, who happens to be real brother of Shri Bihari Sharma, Panchayat Prasar Adhikari, Gram Panchayat Chatarpura, Panchayat Samiti, Aasind, District Bhilwara. The Condition No. 9 of the notice inviting tender prohibited the award of contract of work to blood relations and spouse of any of the employee of the Panchayat Samiti.

(2.) Learned counsel for the respondents has raised objection that the petitioner has remedy of appeal under Sec. 38 of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter to be referred as 'the Act of 2012') before the Chief Executive Officer. Simultaneously, he also submits that the contract awarded to the respondent No. 4 was for supply of certain constructions material i.e. cement, iron rod, laying stones etc. and the supply of construction material has also been made on 4/10/2017.

(3.) Learned counsel for the respondents relied on the decisions of this Court rendered in S.B. Civil Writ Petition No. 10424/2016 (M/s. Vikram Traders vs. State of Rajasthan & Ors.) decided on 21/11/2016, S.B. Civil Writ Petition No. 13366/2017 (Karan Singh vs. Zila Parishad, Pali & Ors.) decided on 14/10/2017 and S.B. Civil Writ Petition No. 13827/2017 (M/s. Prem Giri vs. State of Rajasthan & Ors.) and two connected writ petitions decided on 14/11/2017.