Rajasthan High Court - Jaipur
Riddhi Siddhi Constructions vs State Of Rajasthan on 23 September, 2022
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8580/2022
Riddhi Siddhi Constructions, Through Partner Narendra Sharma,
Having Its Registered Office At Plot No.16, Durga Vihar Colony,
Ram Mandir Ke Samne, Sanganer, Tonk Road, Jaipur- 302029.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Govt. Of
Rajasthan, Government Secretariate, Jaipur.
2. Urban Development And Housing Department,
Government Of Rajasthan, Through Its Principal
Secretary, Government Secretariate, Jaipur.
3. Jaipur Development Authority, Jaipur, Having Its Office At
Ramkishore Vyas Bhavan, Indira Circle, Jln Marg Jaipur
Through Its Commissioner.
4. Executive Engineer, Zone-1, Jaipur Development
Authority, Jaipur, Having Its Office At Ramkishore Vyas
Bhavan, Indira Circle, Jln Marg Jaipur.
----Respondents
Connected With S.B. Civil Writ Petition No. 4559/2022 M/s Shubham Enterpirses, 143, Shiv Nagar - Ii, Murlipura Scheme, Sikar Road, Jaipur 302013 Through Power Of Attorney Holder Shri Pooran Mal Sanwaria S/o Shri Narayan Lal Sanwaria
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur
2. The Commissioner, Jaipur Development Authority, Ram Kishor Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Rambagh, Jaipur Rajasthan 302004
3. The Executive Engineer, Zone -02, Jaipur Development Authority, Ram Kishor Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Rambagh, Jaipur Rajasthan 302004
----Respondents S.B. Civil Writ Petition No. 5389/2022 (Downloaded on 24/09/2022 at 12:50:54 AM) (2 of 9) [CW-8580/2022] M/s. Saraswati Construction Company, B-66, Shri Niwas Nagar, Road No. 6, V.k.i. Area, Jaipur Through Proprietor Shri Yogendra Kumar Prajapti S/o Shri Kailash Chand Prajapati.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Commissioner, Jaipur Development Authority, Jaipur.
3. The Executive Engineer, Zone-08, Jaipur Development Authority, Jaipur.
----Respondents S.B. Civil Writ Petition No. 10394/2022 M/s Khatu Naresh Enterprises, Office At - Mangal Irrigation, 10, Patel Nagar, Near Laxmi Dharam Kanta, 22 Godam, Industrial Area, Jaipur Through Proprietor Chetna Yadav Daughter Of Shri Rajesh Yadav.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Jaipur Development Authority, Indira Circle, J.l.n. Marg, Jaipur Thorugh Its Commissioner.
3. The Executive Engineer, Zone-3, Jaipur Development Authority, Indira Circle, J.l.n. Marg, Jaipur.
----Respondents S.B. Civil Writ Petition No. 10470/2022 M/s Goyal Constructions, Office At - 123, Hari Marg, Civil Lines, Jaipur Through Proprietor Shri Arvind Goyal S/o Shri Kishan Gopal Goyal.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Jaipur Development Authority, Indira Circle, J.l.n. Marg, Jaipur Through Its Commissioner.
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3. The Executive Engineer, Zone-10, Jaipur Development Authority, Indira Circle, J.l.n. Marg, Jaipur
----Respondents S.B. Civil Writ Petition No. 11590/2022 M/s Lal Chand Tiwari, Through Proprietor Mr. Lal Chand Tiwari Having Its Registered Address 101 Nand Colony Ext., Near Chaudhary Petrol Pump, Tonk Road, Sanaganer, Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Government Secretariate, Jaipur.
2. Urban Development And Housing Department, Government Of Rajasthan, Through Its Principal Secretary, Government Secretary, Jaipur.
3. Jaipur Development Authority, Jaipur Having Its Office At Ramkishore Vyas Bhavan, Indira Circle, Jln Marg Jaipur Through Its Secretary.
4. Executive Engineer, Drainage, Zone-10, Jaipur Development Authority, Jaipur Having Its Office At Ramkishore Vyas Bhavan, Indira Circle, Jln Marg, Jaipur.
----Respondents S.B. Civil Writ Petition No. 11591/2022 M/s Lal Chand Tiwari, Through Proprietor Mr. Lal Chand Tiwari Having Its Registered Address 101 Nand Colony Ext., Near Chaudhary Petrol Pump, Tonk Road, Sanaganer, Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Government Secretariate, Jaipur.
2. Urban Development And Housing Department, Government Of Rajasthan, Through Its Principal Secretary, Government Secretary, Jaipur.
3. Jaipur Development Authority, Jaipur Having Its Office At Ramkishore Vyas Bhavan, Indira Circle, Jln Marg Jaipur Through Its Sectrary.
4. Executive Engineer, Zone-11, Jaipur Development Authority, Jaipur Having Its Office At Ramkishore Vyas Bhavan, Indira Circle, Jln Marg, Jaipur.
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----Respondents
S.B. Civil Writ Petition No. 11772/2022 M/s Gauri Ganesh Construction Company, Through Its Proprietor Vainktesh Khandewal Having Its Registered Office Plot No. E- 743, Vaishali Nagar, Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur Through Its Commissioner.
3. Executive Engineer (Zone-1), Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur
----Respondents S.B. Civil Writ Petition No. 11938/2022 M/s Tanu Construction Company, Through Its Proprietor Ramesh Chandra Sharma Having Its Registered Office At A-56, Friends Colony Sirshi Road, Panchyawala, Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat, Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur Through Its Commissioner.
3. Executive Engineer (Zone-1) Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur.
----Respondents S.B. Civil Writ Petition No. 11956/2022 M/s Kritika Associates, Through Its Partner Satendra Kumar Having Its Registered Office At F-3, Plot No. A-8, Manglam City, Kalwar Road, Jhotwara, Jaipur.
----Petitioner
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Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur Through Its Commissioner.
3. Executive Engineer (Zone-7), Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur
----Respondents S.B. Civil Writ Petition No. 12260/2022 M/s R.k. Construction Company, Through Its Proprietor Rajesh Yadav Having Its Registered Office At 9-10, Patel Nagar, Behind Laxmi Dharam Kanta, 22 Godown, Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur Through Its Commissioner.
3. Executive Engineer (Zone-2) Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur
----Respondents S.B. Civil Writ Petition No. 12949/2022 M/s Satyam Contractor And Developers, Through Its Proprietor Vijay Choudhary Having Its Registered Office At 421, Pratap Nagar Extension, Murlipura Scheme, Jaipur (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat, Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur Through Its (Downloaded on 24/09/2022 at 12:50:54 AM) (6 of 9) [CW-8580/2022] Commissioner.
3. Executive Engineer (Zone 8), Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur.
----Respondents S.B. Civil Writ Petition No. 12950/2022 M/s Hindustan Construction Company, Through Its Proprietor Ramsahay Sharma Having Its Registered Office At , Ashok Vihaar 1St, Dhani Kumawatan Khatipuro Ka Baad, Sanganer, Jaipur (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat, Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur Through Its Commissioner.
3. Executive Engineer Prn, (South), Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur.
----Respondents S.B. Civil Writ Petition No. 13137/2022 M/s Khatu Naresh Enterprises, Through Its Proprietor Chetna Yadav Having Its Registered Office At Mangal Irrigation,10, Patel Nagar, Near Laxmi Dharam Kanta, 22 Godam,industrial Area, Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nerhu Marg, Jaipur Through Its Commissioner.
3. Executive Engineer (Zone-13) Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nerhu Marg,jaipur (Downloaded on 24/09/2022 at 12:50:54 AM) (7 of 9) [CW-8580/2022]
----Respondents S.B. Civil Writ Petition No. 13169/2022 M/s Pooja Enterprises, Through Proprietor Mr. Nand Kishor Sharma Son Of Shri Hanuman Prasad Tiwari, Having Its Registered Address At Diggi Road, Gulab Beri, Phagi, District Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Government Secretariate, Jaipur.
2. Urban Development And Housing Department, Government Of Rajasthan, Through Its Principal Secretary, Government Secretary, Jaipur.
3. Jaipur Development Authority, Jaipur Having Its Office At Ramkishore Vyas Bhavan, Indira Circle, Jln Marg Jaipur Through Its Secretary.
4. Executive Engineer, Zone-14, Jaipur Development Authority, Jaipur Having Its Office At Ramkishore Vyas Bhavan, Indira Circle, Jln Marg, Jaipur.
----Respondents S.B. Civil Writ Petition No. 13790/2022 M/s Chauhan Construction Company, Through Its Proprietor Balwaan Singh Having Its Registered Office At 31,hanumaan Nagar-A, Benad Road,jhotwara Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nerhu Marg,jaipur Through Its Commissioner.
3. Executive Engineer (Zone-06) Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nerhu Marg,jaipur
----Respondents S.B. Civil Writ Petition No. 14003/2022 (Downloaded on 24/09/2022 at 12:50:54 AM) (8 of 9) [CW-8580/2022] M/s Lal Chand Tiwari, Through Its Proprietor Lal Chand Tiwari Having Its Registered Office At Plot No.1 Nand Colony Extension, Near Choudgary Petrol Pump,tonk Road, Sanganer, Jaipur (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, State Secretariat Jaipur (Rajasthan).
2. Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nerhu Marg,jaipur Through Its Commissioner.
3. Executive Engineer (Zone-4), Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal Nerhu Marg,jaipur
----Respondents For Petitioner(s) : Mr. Manish K Sharma Mr. Siddharth Bapna with Mr. Ranvijay Singh Mr. Najeeb Anwar Khan For Respondent(s) : Mr. Arafat Hussain Mr. Azad Ahmed Mr. Yuvraj Samant Mr. Onkarmal Rajotiya, Director (Finance), JDA, Jaiupr Mr. Rajesh Pal, Executive Engineer, Zone-I HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 23/09/2022 This batch of writ petitions, which shares common facts and questions of law, is being disposed of vide this common order.
These writ petitions, wherein, challenge has been made to the orders issued by the respondent-Jaipur Development Authority raising demand of additional performance guarantee/security in terms of tender document, are being disposed of in following (Downloaded on 24/09/2022 at 12:50:54 AM) (9 of 9) [CW-8580/2022] terms as agreed and requested by learned counsels for the respective parties:-
"(i) the orders impugned raising demand of additional performance security/guarantee are quashed and set aside.
(ii) the respondent-JDA shall be at liberty to proceed and raise the demand, if any, under Rule 75-A of Rajasthan Transparency in Public Procurement Rules, 2013 (for brevity, "Rules of 2013").
(iii) the amount already deposited by the petitioners shall be adjusted/refunded in terms of fresh order.
The pending application No.1/2022 also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J PRAGATI/s-189-204 (Downloaded on 24/09/2022 at 12:50:54 AM) Powered by TCPDF (www.tcpdf.org)