Rajasthan High Court - Jaipur
M/S Premier Printing Press vs State Of Rajasthan on 15 December, 2021
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.14643/2021
1. M/s Premier Printing Press, through its Prop. Ramswaroop
Mor S/o Late Shri Ghansi Lal Mor, Office At 12, Ram
Nagar, Behind Chambal Power House, Hawa Sadak,
Jaipur-302019, Rajasthan.
2. M/s Rainbow Offset Printer, through its Prop.
Satyanarayan Agarwal S/o Late Shri L. R. Agarwal, Office
At B-3, Sudershanpura Industrial Area, 22, Godam,
Jaipur.
3. M/s Print O Land, through its Prop. Prabhu Narayan
Agarwal S/o Late Shri L.R. Agarwal, Office At C-4, 49-50,
Road No. 3, Opposite Bank Of Baroda, 22-Godam,
Industrial Area, Jaipur-302006.
----Petitioners
Versus
1. State Of Rajasthan, through its Principal Secretary,
Department Of Information And Public Relations,
Government Of Rajasthan, Govt. Secretariat, Jaipur,
Rajasthan.
2. The Managing Director, Rajasthan Sanwad Department Of
Information and Public Relations, Government
Secretariat, Jaipur, Rajasthan.
3. The Managing Director, Rajasthan State Co-Operative
Press Limited, G-1/138, Malviya Industrial Area, Jaipur,
Rajasthan.
4. M/s Krishna Printers, through its Prop. Pawan Kumar
Sharma Works At D-14, Sudershanpura, RIICO Industrial
Area, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr.Rajendra Prasad, Senior Advocate assisted by Mr.Vikas Kabra, Adv. & Mr.Karan Tibrewal, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
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(2 of 3) [CW-14643/2021]
15/12/2021
Learned Senior Counsel Mr.Rajendra Prasad appearing for the petitioners, after arguing the matter on merits challenging the order dated 18.11.2021 & 25.11.2021 in the present writ petition, submitted that the petitioners before approaching this Court, also approached the Appellate Authority provided under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2012 (hereafter 'the Act of 2012') and memo of appeal has been filed as Annexure-19 before this Court.
Learned Senior Counsel submitted that the said appeal was filed by the petitioners on 02.12.2021, however, the Appellate Authority has neither decided the stay application filed by the petitioners along-with the appeal nor final order has been passed.
Learned counsel submitted that in case, this Court is not inclined to entertain the present writ petition in view of statutory remedy available to the petitioners, at least, direction may be given to the Appellate Authority to decide the stay application as well as appeal of the petitioners' as per requirement of Section 38(3) and (4) of the Act of 2012.
This Court finds that the petitioners have already approached the Principal Secretary, Department of Information and Public Relations, Government of Rajasthan by filing an appeal. This Court further finds that along-with memo of appeal, stay application has also been filed.
This Court finds that since the petitioners have already approached the Appellate Forum under the Act of 2012, it is incumbent on the Appellate Authority to decide the appeal expeditiously, as per mandate given in sub-Section (3) of Section 38 of the Act of 2012.
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(3 of 3) [CW-14643/2021] This Court also finds that if stay application has been filed by the petitioners along-with their memo of appeal, at least, the Appellate Authority is required to decide the stay application.
This Court accordingly, disposes of, the present writ petition by directing the Appellate Authority to decide the stay application of the petitioners as early as possible but not beyond seven days of the receipt of copy of this order.
This Court further directs that the mandate of sub- Sections (3) and (4) of Section 38 of the Act of 2012 may also be followed by the Appellate Authority and he should decide the appeal in expeditious manner as per requirement of law.
Accordingly, the present writ petition stands disposed of.
(ASHOK KUMAR GAUR), J Himanshu Soni/36 (Downloaded on 18/12/2021 at 09:17:04 PM) Powered by TCPDF (www.tcpdf.org)