B.S. Pachauri vs. The State Of Madhya Pradesh
Held
The Court held that no relief could be granted to the petitioner. The primary reason for dismissing the petition was the significant delay in approaching the Court. The last date for bid submission was February 6, 2022, and by the time the petition was filed, the bids had been opened, a successful bidder selected, and work had commenced on the project. The Court found it "too late in the day" to entertain the petition, regardless of the merits of the petitioner's contention regarding the tender condition. Therefore, the petition was dismissed on the grounds of delay and laches. No specific finding was made on the validity of Clause 26 itself.
Facts
The petitioner, B.S. Pachauri, a government contractor, filed a writ petition challenging a condition in a tender floated by the Department of Public Health Engineering, Government of Madhya Pradesh. The condition, Clause 26, required bidders to submit their GST returns for the previous month. The petitioner was unable to bid because he did not have material to indicate his returns for the previous month. He contended that other tenders floated by the State did not have this requirement, only mandating PAN and GST registration. The tender's last date for bid submission was February 6, 2022. Bids were opened, a successful bidder chosen, and work had commenced on the project.
Key Issues
1. Whether Clause 26 of the tender, requiring submission of GST returns for the previous month, is arbitrary and violative of principles of fair competition, considering other tenders only require GST registration? Petitioner's Arguments: The petitioner argued that the requirement to submit GST returns for the previous month was an unreasonable condition, as evidenced by other tenders floated by the same State which only mandated PAN and GST registration. This condition unfairly excluded him from bidding. Revenue/State's Arguments: The respondents did not explicitly record any arguments in the judgment. However, the Court's decision implies a consideration of the stage of the tender process and the delay in filing the petition.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAVI MALIMATH, CHIEF JUSTICE & HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ON THE 15th OF MARCH, 2023 WRIT PETITION No. 5937 of 2023 BETWEEN:- B.S. PACHAURI S/O LATE SHRI B N PACHAURI, AGED 65 YEARS, OCCUPATION: GOVT. CONTRACTOR, R/O 208 MAYUR PLAZA THATIPUR, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI SUNIL KUMAR JAIN - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH TO BE SERVED THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC HEALTH ENGINEERING, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
ENGINEER-IN-CHIEF, DEPARTMENT OF PUBLIC HEALTH ENGINEERING, BHOPAL (MADHYA PRADESH)
CHIEF ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT, GWALIOR (MADHYA PRADESH)
EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT, SHIVPURI (MADHYA PRADESH)
SKB CONSTRUCTION THROUGH PROPRIETOR SEEMA KHAN, SAISH PURA, SHIVPURI (MADHYA PRADESH) .....RESPONDENTS 1 (RAVI MALIMATH) CHIEF JUSTICE (MILIND RAMESH PHADKE) JUDGE (BY SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE ) This petition coming on for admission this day, Hon'ble Shri Justice Ravi Malimath, Chief Justice passed the following: ORDE
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