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2013 DIGILAW 959 (HP)

Sharma Medical Agency v. STATE OF HIMACHAL PRADESH

2013-11-15

RAJIV SHARMA, SANJAY KAROL

body2013
JUDGEMENT SANJAY KAROL,JUDGE - 1. ALLOWED and disposed of. 2. PETITIONER has prayed mainly for the following reliefs: - "A Writ of Certiorari be issued for the quashment of tender notice issued by Respondent no.2 i.e., Senior Medical Officer I/C -Cum Member Secretary Rogi Kalyan Samiti, Regional Hospital Hamirpur, H.P. dated 23 -2 -2013 and subsequent, tender notices circulated in different newspapers for shop/room No.102, measuring 13 X 11 feet, situated in Regional Hospital, Hamirpur, H.P. w.e.f., 1 -4 -2013 to 31 -3 -2016. B. Further, a writ of Mandamus be issued by directing respondent No.2 to retender the whole process of shop/room No.102, measuring 13 X 11 feet, situated in Regional Hospital, Hamirpur, H.P. as petitioners are every apprehension that respondent no.4 in connivance with respondent no.2 has given wrong impression just to grab the tender at lowest possible rent, which ultimately will cause huge loss to the State exchequer as well. C. Further, a writ of Mandamus be issued by directing the respondent no.2 to produce whole record of tendering process before Hon'ble Court and same may kindly be opened in open Court which will ultimately prove the apprehension of the petitioners that rent quoted by the highest bidder will be far less to the rent quoted at last occasion in the year 2008 and moreover, to the rent prevailing at present, as, only three persons including respondent no.4 and his two other employees had participated in the tendering process in comparison to twenty participants in the year 2008." Petitioner has assailed notice of tender dated 23.2.2013 issued by respondent No.2, Rogi Kalyan Samiti, Regional Hospital, Hamirpur, H.P., in relation to Shop No.102, for the purposes of opening of a medical store. We find that petitioner has not explained the reasons for not having participated in the tender process. That apart, there is no plausible and justifiable reason for not approaching this Court within time. Tender issued on 23.2.2013 was to be opened in March, 2013. Petition is filed only on 15.11.2013. 3. WE also find that petitioner himself has placed on record judgment dated 25.10.2013 passed by a Co -ordinate Bench of this Court in CWP No.5104 of 2013, titled as Rajesh Pathania versus State of Himachal Pradesh and others, wherein it is specifically directed that the process of finalizing the tender dated 23.2.2013 be taken to its logical ends expeditiously. 3. WE also find that petitioner himself has placed on record judgment dated 25.10.2013 passed by a Co -ordinate Bench of this Court in CWP No.5104 of 2013, titled as Rajesh Pathania versus State of Himachal Pradesh and others, wherein it is specifically directed that the process of finalizing the tender dated 23.2.2013 be taken to its logical ends expeditiously. In fact by filing this petition, petitioner is trying to over reach this direction of the Court which is absolutely impermissible in law. 4. WE also find that there are no allegations of collusion, malice or arbitrariness on the part of respondent No.1 or respondent No.2 in issuing the tender process. As such, present petition devoid of any merit is dismissed. Pending application(s), if any, also stand dismissed.