M/S Gaurav Travels Nowgong vs The State Of Madhya Pradesh on 14 February, 2022

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Madhya Pradesh High Court

M/S Gaurav Travels Nowgong vs The State Of Madhya Pradesh on 14 February, 2022

Bench: Vishal Dhagat

1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 14th OF FEBRUARY, 2022

WRIT PETITION No. 3243 of 2022

Between:-
M/S GAURAV TRAVELS NOWGONG THROUGH ITS
PROPRIETOR INDRA BAHADUR SINGH S/O SHRI
VIJAY SINGH AGED ABOUT 30 YEARS
OCCUPATION BUSINESS R/O WARD NO. 18
BAJRANG COLONY NAWGONG DISTRICT
CHHATARPUR M.P. (MADHYA PRADESH)

.....PETITIONER
(BY MR. GIRISH PRAKASH KEKRE, ADVOCATE WITH MR.
DEEPENDRA MISHRA, ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY DEPARTMENT OF
HEALTH SERVICES MANTRALAYA VALLABH
BHAWAN BHOPAL MP (MADHYA PRADESH)

2. C O L L E C T O R C H H A T A R P U R DISTRICT
CHHATARPUR M.P. (MADHYA PRADESH)

3. CHIEF MEDICAL AND HEALTH OFFICER PUBLIC
HEALTH AND FAMILY WELFARE DEPARTMENT
DISTRICT CHHATARPUR M.P. (MADHYA
PRADESH)

4. DISTRICT HEALTH COMMITEE CHHATARPUR
DISTRICT CHHATARPUR M.P. (MADHYA
PRADESH)

5. A AND S GROUPS THROUGH ITS PROPRIETOR
SURENDRA SHIVHARE S/O SHANKARLAL
SHIVHARE AGE 30 OCCUPATION BUSINESS
NARINGHAPURWA NEAR SHIV MANDIR
(MADHYA PRADESH)

.....RESPONDENTS
(BY MR. AKSHIT SAIGAL, PANEL LAWYER FOR STATE,
MR. ALOK KUMAR GUPTA, ADVOCATE FOR RESPONDENT NO.5. )
(Heard through Video Conferencing)
This petition has come up for hearing on this day. The court passed the
following:
ORDER

Petitioner has filed this writ petition challenging order dated 27.01.2022 Signature SAN Not contained in Annxure-P/1.

Verified Digitally signed by Counsel appearing for petitioner submitted that notice inviting tender was NEETI TIWARI Date: 2022.02.15 17:14:43 IST 2 issued by respondents for providing taxi services. It is submitted that petitioner was successful bidder and contract was awarded to him. After award of contract, respondent No.5 had given a representation before Collector, Chhatarpur. Said representation was considered and a report was prepared and decision was taken to cancel the contract. Counsel appearing for petitioner submitted that petitioner was not given the copy of representation, neither he was given the copy of report, which was prepared by respondents for taking decision to cancel of tender. It is submitted that since the petitioner was successful bidder and he has been awarded the contract, therefore, proper opportunity of hearing ought to have been granted to petitioner before taking any decision.

In such circumstances, order dated 27.01.2022 is quashed. If respondent No.5 wants cancellation of tender already granted to petitioner, then copy of report and other documents be supplied to him and after giving opportunity of hearing to petitioner, fresh decision shall be taken.

Writ petition is disposed off.

Certified copy as per rules.





                                                                                  (VISHAL DHAGAT)
                                                                                       JUDGE
                      nd




Signature
 SAN      Not
Verified

Digitally signed by
NEETI TIWARI
Date: 2022.02.15
17:14:43 IST

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