IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (C) No.
PETITIONERS
Of 2016
1. Sanjay Dewangan, Dewangan, Aged about 47 years, S/o Late Shri Jeevanlal Dewangan, Ou!at Ou!ation ion " #usines #usiness s $%ran $%rans!o s!orter rter&, &, '/o (ivil Lines, )ear *andhi +aidan, *ariyab *ariyaband, and, olie olie Station Station " *ariya *ariyaband band,, %ehsil hsil *ari *ariya yaba band nd,, (ivi (ivill and and 'eve 'evenu nue e Distrit *ariyaband, (hhattisgarh
-. hehand Jain, Aged about 0 years, S/o Late Shri a!oorhand Jain, Ou!ation " #usiness #usiness $%rans!ort $%rans!orter&, er&, '/o +ain 'oad, 2ard )o. 11, )agri, olie Station " )agri, %ehsil )agari, )agari, (ivil (ivil and 'evenu 'evenue e Distrit Distrit Dhatari, (hhattisgarh
3. 'aesh (hhajed, Aged about 40 years, S/o Late Shri Lalhandji (hhajed, '/o +ain 'oad, 2ard )o. 11, )agri, olie Station " )agr )agri, i, %ehsil hsil )agar )agari, i, (ivil (ivil and and 'eve 'evenu nue e Distrit Dhatari, (hhattisgarh
VERSUS
RESPONDENTS
1. State o5 (hhattisgarh, %hrough Seretary, *overnent o5 (hhattisgarh, De!artent o5 6orest, +antralaya, (a!itol (o!le, )aya 'ai!ur 'ai!ur,, (ivil (ivil and 'evenue 'evenue Distrit Distrit 'ai!ur 'ai!ur,, (hhattisgarh
-. rin rini! i!al al (hie5 (hie5 (ons (onserv ervato atorr o5 6ores 6orest, t, Aranya #hawan, #hawan, Jail 'oad, )ear +edial (ollege 8os!ital, 'ai!ur, (hhattisgarh
3. (hie (hie55 (ons (onser erva vato torr o5 6ore 6orest st,, 'ai! 'ai!ur ur (irle, (irle, Jail 'oad, 'oad, %ehsil 'ai!ur 'ai!ur,, (ivil (ivil and 'evenue Distrit 'ai!ur, (hhattisgarh
WRIT
PETITION
UNDER
ARTICLES
226/22
OF
THE
CONSTITUTION INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF CERTIORARI! "ANDA"US! DIRECTION OR DIRECTIONS! ORDER OR ORDERS OR THE LI#E
%he !etitioner naed above res!et5ully begs to subit as under9 :
1.
PARTICULARS OF THE PETITIONER
As given in the ause title above.
2.
PARTICULARS OF THE RESPONDENTS
As given in the ause title above. $.
PARTICULARS OF THE ORDERS AGAINST WHICH THE PETITION IS BEING PREFERRED
(hallenge in this !etition is to the order dated ;0/;1/-;1< !assed by rini!al (onservator o5 6orest $'es!ondent )o. -& issuing diretions to Divisional 6orest o55ier, *ariyaband, 5or trans!ort o5 5orest !rodue to be arried out with *overnent =ehiles instead o5 %rans!ort *rou! who got the tenders with regard to sae, o!y o5 whih is being 5iled as A%%&'& P*1.
SUB+ECT "ATTER IN BRIEF
%he tender was 5loated by res!ondents 5or trans!ortation o5 5orest !rodue woods and baboo used in oerial !ur!ose, in the 6orest divisions o5 *ariyaband and #alodaba>ar at 'ai!ur irle. )otie inviting tender was issued to *eneral ubli to subit the tender at the
o55ie o5 (hie5 (onservator o5 5orest, 'ai!ur in the !resribed 5orat. %enders were to be allotted in 5ive !hases on di55erent dates. %he !etitioners herein subitted their bid and as the rates eeeded 'u!ees
1;
Lahs
as
!er
rules
5or
allotent
o5
tenders
reoendation was ade to see !erission 5ro rini!al hie5 (onservator o5 6orest as the rates o5 tenders eeeded 'u!ees 1; Lah 5or whih (hie5 (onservator o5 5orest has not been on5erred with authority to allot
the wor. %he reoendation sent by the (hie5
(onservator o5 6orrest was turned down by the rini!al hie5 (onservator o5 5orest and !erission was denied. On the ontrary the (hie5 (onservator o5 6orest 'ai!ur irle issued diretion to the Divisional 6orest O55ier, *ariyaband stating that as !er the tele!honi instrution reeived 5ro rini!al (hie5 (onservator o5 5orest, !erission annot be granted to the !etitioners, due to the reason that rates reeived are high and trans!ortation is to be arried out with *overnent =ehiles. Aggrieved by the sae as the tenders were allotted to the !etitioners and they arued the rights under the i!ugned ation o5 the res!ondents o5 assigning the reason o5 higher rates 5or not granting the !erission des!ite o5 the 5at that in !revious years on lesser rates !erissions were granted 5or trans!ortation, !etitioner is not le5t with any other alternative e55iaious reedy but to a!!roah this 8on?ble ourt by way o5 this etition.
,.
WHETHER CAVEAT FILED! IF -ES! WHETHER COP- OF THE PETITION SUPPLIED TO THE CAVEATOR
%he !etitioner hubly subits that no aveat has been 5iled by any o5 the res!ondent.
.
DETAILS OF RE"EDIES EHAUSTED
%hat the !etitioner hubly subits that against the i!ugned ation o5 the res!ondents no other e55iaious reedy is available than to !re5er the instant !etition under Artile --< o5 the (onstitution o5
@ndia es!eially when valuable statutory rights o5 the !etitioner are seriously jeo!ardi>ed.
6.
"ATTER NOT PREVIOUSL- FILED OR PENDING WITH ANOTHER COURT OF LAW
%he !etitioner delares that
.
DELA-! IF AN-! IN FILING THE PETITION
.
FACTS OF THE CASE
%he 5ats o5 the ase in brie5 are as 5ollows9:
.1 %hat the 'es!ondent no. 1 issued a )otie @nviting %ender on dated ;3/;/-;10 5or the trans!ortation o5 5orest !rodue woods and baboo used 5or (oerial !ur!ose in division *ariyaband/#alodaba>ar under irle 'ai!ur in 5ive !hases on di55erent dates. %his )otie @nviting %ender ontains the ters and onditions. A o!y o5 )otie @nviting %ender is being 5iled herewith as A%%&'& P*2.
.-
%hat the etitioner )o. 1, - and 3 herein being the trans!orter
subitted the tender douents and their bid
to obtain tender 5or
5orest division *ariyaband in third !hase o5 the bid. Due to the reason that the (hie5 onservator o5 5orest has got the deisions aing !owers only u! to the aount o5 1; lahs and the bids subitted were o5 higher aounts, (hie5 onservator o5 6orest, 'ai!ur irle sent the reoendation 5or allotent o5 tender to the !etitioners to the o55ie o5 Additional rini!al (hie5 (onservator o5 6orest $rodution& 5or the a!!roval on dated -11/-;10. A o!y o5 reoendations dated
-11/-;10 and3/1-/-;10 are being olletively 5iled herewith as A%%&'& P*$.
.3
%hat a letter was issued to etitioner )o. 1 herein 5ro the o55ie
o5 Divisional 5orest O55ier regarding tender o5 trans!ort obtained by hi on
11;/-;10.
=ide
this
letter
!erission
was
granted
5or
oeneent o5 trans!ortation and !etitioner was ased to subit the taes along with other diretions stated therein. A o!y o5 letter dated -4/11/-;10 is being 5iled herewith as A%%&'& P*,.
.4
%hat vide order dated ;0/;1/-;1< (hie5 (onservator o5 6orest
'ai!ur irle issued diretion to the Divisional 6orest O55ier, *ariyaband stating that as !er the tele!honi instrution reeived 5ro rini!al (hie5 (onservator o5 5orest, !erission annot be granted to the !etitioners, due to the reason that rates reeived are high and trans!ortation is to be arried out with *overnent =ehiles. A o!y o5 order i!ugned dated ;0/;1/-;1< is already anneed as A%%&'& P* 1.
.0
%he
.<
%he
.7
A o!y o5 the a!!liation 5iled by the res!ondent )o.1 is being
5iled herewith as A%%&'& P*.
. .
%hat
.1; , inter alia, on the 5ollowing grounds9:
. GROUNDS URGED
.1
%hat the i!ugned orders !assed by is liable to be Buashed.
.-
%hat
.3
%hat
.4
%hat
10. RELIEF(S) SOUGHT
%hat in the light o5 above subissions, the !etitioner !rays 5or the 5ollowing relie5$s&9
1;.1 %hat this 8on?ble (ourt be !leased to all 5or the entire reords !ertaining to issuane o5 the i!ugned order 5or its !erusal.
1;.- %hat this 8on?ble (ourt be !leased to issue a writ in the nature o5 andaus Buashing the i!ugned order $Anneure :1&.
1;.3 %hat any other order or orders, diretion or diretions, writ or writs, as this 8on?ble (ourt ay dee 5it under the 5ats and irustanes o5 the ase ay also be issued in 5avour o5 the !etitioner against the res!ondents.
1;.4 %hat osts o5 the !etition ay also be awarded to the !etitioner.
RANBIR SINGH "ARHAS COUNSEL FOR THE PETITIONER BILASPUR DATE CERTIFICATE
@t is erti5ied that due are has been taen in the ase o!ly with the !rovisions o5 the (hhattisgarh 8igh (ourt 'ules, -;;<.
BILASPUR DATE RANBIR SINGH "ARHAS COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (C) No.
PETITIONERS
Of 2016
Sanjay Dewangan and two others
VERSUS
RESPONDENTS
State o5 (hhattisgarh and others
APPLICATION FOR GRANT OF AD*INTERI" ORDER
%he !etitioner res!et5ully begs to subit as under9 :
1.
%hat the !etitioners have !re5erred a writ !etition hallenging the
-.
%hat the !etitioner raves leave o5 this 8on?ble (ourt to advert to
the 5ats and grounds entioned in the writ !etition 5or the !ur!oses o5 this a!!liation as well.
3.
%hat 5or the reasons entioned in the !etition, the sae is ost
liely to be allowed.
4.
%hat the balane o5 onveniene lies in 5avour o5 the !etitioner.
0.
%hat an a55idavit in su!!ort o5 this a!!liation is being 5iled
herewith. PRA-ER
@t is there5ore !rayed that this 8on?ble (ourt be !leased to stay the e55et and o!eration o5 the %his 8on?ble (ourt be 5urther !leased to !ass suh other order as it ay dee 5it under the 5ats and irustanes o5 the ase.
#ilas!ur Date RANBIR SINGH "ARHAS COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (C) No.
PETITIONERS
Of 2016
Sanjay Dewangan and two others
VERSUS
RESPONDENTS
State o5 (hhattisgarh and others
AFFIDAVIT
@, Sanjay Dewangan, Aged about 47 years, S/o Late Shri Jeevanlal Dewangan, Ou!ation " #usiness $%rans!orter&, '/o (ivil Lines, )ear *andhi +aidan, *ariyaband, olie Station " *ariyaband, %ehsil *ariyaband, (ivil and 'evenue Distrit *ariyaband, (hhattisgarh and !etitioner nuber 1 in the instant !etition do hereby solenly a55ir on oath and delare as under9 "
1.
%hat @ a one o5 the !etitioner in the instant ase and as suh @
a aware o5 the 5ats and irustanes o5 the sae.
-.
%hat the attahed writ !etition has been dra5ted as !er y
instrutions and the ontents thereo5 5ro !aragra!hs 1 to 7 and to 1; are true and orret to the best o5 y nowledge based on the legal advie and the ontents o5 !aragra!h o5 the !etition are true and orret to the best o5 y !ersonal nowledge and belie5 based on the o55iial douents.
3. %hat the douents attahed with the !etition are true and genuine o!ies o5 their res!etive originals and @ have not su!!ressed any aterial in5oration.
De!onent VERIFICATION
@, Sanjay Dewangan the de!onent herein do hereby veri5y that the ontents o5 !hotogra!hs 1 to 3 are true and orret to the best o5 y !ersonal nowledge and belie5.
=eri5ied and signed on this
day o5 January -;1< at #ilas!ur.
@denti5ied by e
De!onent
IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (C) No.
PETITIONERS
Of 2016
Sanjay Dewangan and two others
VERSUS
RESPONDENTS
State o5 (hhattisgarh and others
AFFIDAVIT
@, Sanjay Dewangan, Aged about 47 years, S/o Late Shri Jeevanlal Dewangan, Ou!ation " #usiness $%rans!orter&, '/o (ivil Lines, )ear *andhi +aidan, *ariyaband, olie Station " *ariyaband, %ehsil *ariyaband, (ivil and 'evenue Distrit *ariyaband, (hhattisgarh and !etitioner nuber 1 in the instant !etition do hereby solenly a55ir on oath and delare as under9 "
1.
%hat @ a one o5 the !etitioners in the instant ase and as suh @
a aware o5 the 5ats and irustanes o5 the sae.
-.
%hat along with the attahed writ !etition @ have also 5iled an
a!!liation 5or interi relie5. %he a!!liation 5or interi relie5 has been dra5ted as !er y instrutions and the ontent thereo5 5ro !aragra!hs 1 to 0 are true and orret to the best o5 y !ersonal nowledge and belie5.
De!onent
VERIFICATION
@, Sanjay Dewangan, the de!onent herein do hereby veri5y that the ontents o5 !hotogra!hs 1 and - are true and orret to the best o5 y !ersonal nowledge and belie5.
=eri5ied and signed on this
day o5 January -;1< at #ilas!ur.
@denti5ied by e
De!onent