ADHISHRI SWA SAHAYATA SAMUH vs STATE OF CHHATTISGARH

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2026:CGHC:21624-DB
Digitally signed
by SAGRIKA
AGRAWAL
Date:
2026.05.11
11:25:12 +0530
SAGRIKA
AGRAWAL
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 2246 of 2026
Adhishri Swa Sahayata Samuh Through Its Director Rajni Rajak, W/o
Shri Sanjay Rajak, Aged About 39 Years, R/o Jashpur, Tahsil And
District Jashpur (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through- Secretary, Health Department,
Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District
Raipur (C.G.)
2 - Director Directorate Of Health Services, Indrawati Bhawan,
Mantralaya, Capital Complex Naya Raipur, District Raipur (C.G.)
3 - Collector Jashpur, District Jashpur (C.G.)
4 - Chief Medical And Health Officer District Jashpur (C.G.)
5 - Civil Surgeon Cum Chief Hospital Superintendent District Hospital
Jashpur, District Jashpur (C.G.)
6 - M/s Sushil Mishra Through Its Proprietor Mr. Sushil Mishra S/o Late
Murari Mishra Aged About 57 Years Old Toli, Jashpur Nagar, Distt.
Jashpur, Chhattisgarh
... Respondent(s)
For Petitioner(s) : Mr. Anshul Tiwari, Advocate
For Respondent(s) : Mr. Shashank Thakur, A.A.G.

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Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
08-05-2026
1. Heard Mr. Anshul Tiwari, learned counsel for the petitioner. Also
heard Mr. Shashank Thakur, learned Addl. Advocate General for
the Respondent/ State.
2. The petitioners have filed the present petition under Article 226 of
the Constitution of India with the following prayer(s):-
“i. That, the Hon'ble Court may kindly be pleased to Issue
an appropriate writ, order or direction quashing and setting
aside the impugned letter dated 16.04.2026 issued by the
Civil Surgeon cum Chief Hospital Superintendent, District
Hospital, Jashpur (Annexure P/6), being arbitrary, illegal and
contrary to the law.
ii. it is most respectfully prayed that this Hon'ble Court may
be pleased to issue an appropriate writ, order or direction,
including a writ of Mandamus, directing the respondents to
forthwith discontinue and restrain respondent no. 6 from
continuing catering services in District Hospital, Jashpur, as
the same is being carried out without any valid tender,
authority or lawful selection process.
iii. That, the Hon'ble Court may kindly be pleased to issue
an appropriate writ directing the respondent authorities not
to dispossess the petitioner from the premises of District
Hospital, Jashpur and to permit the petitioner to continue its
services, or in the alternative, to maintain status quo,till a

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fresh tender process is initiated and finalized in accordance
with law.
iv. Any other relief, which this Hon'ble court deems, fit in the
facts and circumstances may also be granted in favour of
the petitioner.”
3. Brief fact of the case are that the petitioner is a women, self-help
group engaged in welfare activities under various schemes of the
Government of Chhattisgarh and is also successfully operating
“Gad Kalewa” restaurant at Jungle Bazar, Jashpur with long
experience in providing catering services. The respondent
authorities floated a tender dated 19.02.2026 bearing Bid No.
GEM/2025/B/7032239 for catering services at District Hospital,
Jashpur, prescribing turnover and eligibility conditions despite
relaxation provisions applicable to Micro and Small Enterprises
(MSEs). Aggrieved thereby, the petitioner challenged the said
tender before this Court in W.P.(C) No. 1597 of 2026, wherein this
Court vide order dated 09.04.2026 quashed the entire tender
process including the declaration of respondent no. 6 as H1 and
petitioner as H2, while directing the authorities to issue a fresh
NIT strictly in accordance with law and in compliance with MSE
relaxation provisions. However, despite the clear directions of this
Court, respondent no. 6 was allowed to continue catering services
in the hospital. When the petitioner requested compliance of the
order through representations dated 13.04.2026 and 16.04.2026,
instead of removing respondent no. 6, the respondent authorities

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issued the impugned letter dated 16.04.2026 directing the
petitioner to vacate the hospital premises on the ground that its
tenure had expired, and thereafter failed to consider the
petitioner’s detailed representation dated 17.04.2026.
4. Learned counsel for the petitioner would submits that that the
impugned action of the respondent authorities in directing the
petitioner to vacate the hospital premises is wholly illegal,
arbitrary, discriminatory and contrary to the judgment dated
09.04.2026 passed by this Court in WPC No. 1597 of 2026,
whereby the entire tender process dated 19.02.2026 along with all
consequential actions was quashed. Despite the clear judicial
mandate, the respondents have permitted respondent no. 6,
whose selection itself stood annulled, to continue operating the
catering services, while selectively seeking to dispossess the
petitioner without any notice, hearing, or lawful authority. Such
conduct amounts to non-compliance of the order of this Court and
is violative of Articles 14 and 19(1)(g) of the Constitution of India,
as the respondents, being State instrumentalities, are bound to
act fairly, transparently and in accordance with law. The
continuation of respondent no. 6 without any disclosed authority,
rate approval, or lawful selection process is ex facie arbitrary and
unsustainable in law. The petitioner, who was already functioning
at the site and had immediately approached the authorities
seeking compliance of the Court’s order, had a legitimate
expectation of fair and equal treatment, however, the respondents

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have acted in a mechanical and mala fide manner, causing grave
prejudice and irreparable loss to the petitioner and its members
engaged in welfare activities. Hence, the impugned action
deserves to be set aside and the respondents be directed to
maintain status quo and proceed strictly in accordance with the
judgment dated 09.04.2026 and the applicable procurement rules.
5. Learned State counsel opposes the submission made by learned
counsel for petitioner and supported the stand taken by
Respondent No. 5.
6. This Court vide order dated 06.05.2026, directed the Respondent
No. 5 to present in person before this Court and explain the
condition under which the impugned order dated 16.04.2026 has
been issued.
7. In compliance of the Court’s order dated 06.05.2026, the
Respondent No. 5/ the Civil Surgeon-cum-Chief Hospital
Superintendent, District Hospital, Jashpur has appeared, in
person, before this Court on 07.05.2026 and filed his personal
affidavit which is reproduce hereinbelow:-
“1. That, the present affidavit is being filed in compliance of
the order dated 07/06/2026 passed by the Hon'ble Court.
2. That, the deponent most humbly and respectfully submits
that he has the highest regard and great respect for the
lawful authority of this Hon'ble Court and its orders and
directions issued from time to time. He tenders his
unconditional apology for any such act as may be termed

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as contemptuous. He cannot think of flouting the orders
passed by this Hon'ble Court.
3. That, the deponent respectfully submits that this Hon'ble
Court, in WPC No. 1597/2026- Adhishri Swa Sahayata
Samuh Vs. State of Chhattisgarh and others, was pleased
to set aside the Notice Inviting Tender dated 19/02/2026
bearing Bid No. GEM/2025/B/7032239 and was further
pleased to set aside all consequential actions taken
pursuant thereto including the declaration of the respondent
no. 6 as H1 and the petitioner as H2 respectively.
4. That, the deponent respectfully submits that pursuant to
the order dated 09/04/2026 passed in WPC No. 1597/2026,
he vide its letter dated 22/04/2026 has immediately sought
appropriate guidance from the Director, Health Services,
Chhattisgarh with respect to initiation of fresh tender
process. Copy of the letter dated 22/04/2026 is being filed
herewith as Annexure A/1 for kind perusal of this Hon'ble
Court.
5.That, the deponent respectfully submits that the
impugned communication dated 16/04/2026 (Annexure P/6)
by which the petitioner society has been directed to remove
its utensil, fridge and other items from the kitchen of district
Hospital Jashpur, was inadvertently issued whereas the
same ought not to have been issued as the Hon'ble Court
vide its order dated 09/04/2026 was pleased to set aside

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the entire tender process including the declaration of
respondent no. 6 as H1 and the petitioner as H2.
6. That, the deponent respectfully submits that the
impugned communication dated 16/04/2026 (Annexure P/6)
will be withdrawn within 24 hours and further appropriate
order will be issued in favour of the petitioner society for
running the dietary services in the District Hospital, Jashpur
for the period new tender is finalized.
7. That, the deponent respectfully submits that he is a law
abiding citizen and is duty bound to adhere to and abide by
the order of this Hon'ble Court. It is further respectfully
submitted that he holds the highest regard and great
respect for the orders and directions of this Hon'ble Court
and tenders his unconditional apology for his any act which
may be termed as contemptuous.
8. That, the contents of this affidavit have been drafted
according to my instructions and the contents thereof are
true and correct to the best of my personal knowledge and
belief, based on the official records.”
8. We have heard learned counsel for the parties and perused the
affidavit filed by the Civil Surgeon-cum-Chief Hospital
Superintendent, District Hospital, Jashpur.
9. From perusal of the affidavit filed by the Civil Surgeon-cum-Chief
Hospital Superintendent, District Hospital, Jashpur, in compliance
of the order dated 07.05.2026, it appears that the deponent has

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unequivocally acknowledged the order dated 09.04.2026 passed
by this Court in W.P.(C) No. 1597 of 2026, whereby the Notice
Inviting Tender dated 19.02.2026 bearing Bid No.
GEM/2025/B/7032239 as well as all consequential actions arising
therefrom, including declaration of respondent no. 6 as H1 and the
petitioner as H2, were set aside by this Court. The deponent has
further stated that immediately after passing of the aforesaid
order, guidance was sought from the Director, Health Services,
Chhattisgarh vide communication dated 22.04.2026 with regard to
initiation of a fresh tender process in accordance with law.
10. It further appears from the affidavit that the deponent has
admitted that the impugned communication dated 16.04.2026,
whereby the petitioner society was directed to remove its utensils,
fridge and other articles from the kitchen premises of District
Hospital, Jashpur, was inadvertently issued and ought not to have
been issued in view of the specific directions passed by this Court
while setting aside the entire tender process. The deponent has
categorically undertaken before this Court that the said impugned
communication shall be withdrawn within 24 hours and that
appropriate orders shall be issued permitting the petitioner society
to continue running the dietary services in District Hospital,
Jashpur till a fresh tender process is finalized.
11. The affidavit further reflects that the deponent has expressed
unconditional apology and has stated that he holds the highest

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regard for the orders and authority of this Court and that there was
never any intention to disobey or flout the directions issued by this
Court.
12. In view of the categorical stand taken in the affidavit, the
admission regarding the inadvertent issuance of the impugned
communication, and the specific undertaking given for withdrawal
of the same as well as for permitting the petitioner society to
continue till finalization of the fresh tender process, no further
adjudication survives in the present petition. Accordingly, the
present petition stands disposed of in terms of the statements and
undertakings made by the respondent authority in the affidavit
filed before this Court.
13. It is hope and expected that the respondent authority shall remain
careful and vigilant in future and shall refrain from taking any
action that may interfere with the administration of justice.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
sagrika