JABALPUR, India, July 28 -- Madhya Pradesh High Court issued the following judgment/order on June 27:

1. Appellant impugns order dated 06.05.2025, whereby the writ petition of the appellant has been disposed of relying on an order passed in a connected Writ Petition being W.P. No.2948/2025. The connected Writ Petition No.2948/2025 was filed by One Shri Ashwin Richhariya.

2. Learned senior counsel appearing for Ashwin Richhariya seeks leave to intervene. On the oral prayer of the appellant, Ashwin Richhariya is impleaded as a respondent. Amended Memo of parties be filed in the registry with two days.

3. In terms of order of the same date dated 06.05.2025, in writ petition No.2948/2025 filed by Mr. Ashwin Richhariya, the Writ Court by orderdated 06.05.2025 directed issuance of a fresh notice inviting tender by excluding Clause 8 of the original tender document.

4. An Advertisement was issued on 16.12.2024 for running the wild cafe at Gate No.2 Cheeku Gate in Van Bihar National Park, Bhopal. Online tenders were invited. Appellant herein and Ashwin Richhariya were part of the tenderers who had submitted their bids. Ashwin Richhariya is an existing allotee who was allotted the tender prior to issuance of the NIT dated 16.12.2024. Since the contract period had expired, fresh NIT was issued on 16.12.2024.

5. Clause 8 of the said NIT reads as under;

This can be read on (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/1654/WA_1654_2025_FinalOrder_27-06-2025_digi.pdf)

6. As per clause 8 on receipt of the highest bid, the earlier contractor was to be called upon to meet or match the highest bid and in case of refusal the contract to be awarded to the highest bidder.

7. In the instant case, the bid of the appellant was the highest being 21,00,011.00/- The bid of the Ashwin Richhariya was of Rs.20,00,413/-. The tender was open on 15.01.2025. As per Ashwin Richhariya as clause 8 provided that the existing contractor was required to be called upon to match the bid. It is contended that since respondents were deciding to award the contract to a third party without giving an option under Clause 8, Ashwin Richhariya filed a Writ Petition before this Court being WP No.2948/2025, wherein he contended that he had already on 16.01.2025, 17.01.2025 and on 20.01.2025 indicated his willingness to match the highest bid. In the petition he contended that since he had already given his willingness to match the highest bid, the contract should be awarded only to him and could not be awarded to alleged highest bidder of the said NIT. Said petition was listed before this court on 29.01.2025, when notice was issued and matter was made returnable on 18.02.2025.

8. In the meantime, by communication dated 22.01.2025, appellant was called upon to deposit the security deposit and execute the agreement which was executed on 28.01.2025.

9. Ashwin Richhariya gave a representation on 30.01.2025 to the respondents/State for considering the his offer to match the highest bid. An order was passed by the respondent on 03.02.2025, wherein it was observed that there was breach of Clause 8 of the NIT and accordingly the award letter in favour of the appellant dated 28.01.2025 was cancelled.

10. Appellant impugned the order dated 03.02.2025 cancelling his agreement dated 28.01.2025 by way of the subject writ petition being WP No.5093/2025.

11. Both these petitions came for hearing on 06.05.2025, when the respondents/State gave a statement that they shall be cancelling the subject NIT and issuing a fresh NIT, deleting Clause 8 because the contention was that Clause 8 was incorporated to favour the existing contractor. Based on the statement, the order was passed permitting the Respondents to issue a fresh tender by deleting clause 8.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/1654/WA_1654_2025_FinalOrder_27-06-2025_digi.pdf)

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