M/S PETLAD MAHAL AROGYA MANDAL PHARMACY vs STATE OF CHHATTISGARH

1

CGHC010364402026 2026:CGHC:46593-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4769 of 2026
M/s Petlad Mahal Arogya Mandal Pharmacy Proprietor - Smt. Hansaben
Hirubhai Patel, W/o Shri Hirubhai Patel, Through Its Authorized Person
Namely Janmejay Hirubhai Patel, S/o Hirubhai Kuberbhai Patel, Aged
About 57 Years, R/o Punarvasu, Near T.G.C. Hotel, Below Overbridge,
Petlad Road, Nadiad, District Kheda (Gurjrat) 387002, Having Its
Manufacturing Unit At At. And Po. Piplata - 387355, Taluka Nadiad,
District Kheda, State Of Gujrat, And Its Office At Punarvasu, Near
Santram Deri Gate, Petlad Road, Nadiad, District Kheda - 387002
(Gujrat).
ROHIT
KUMAR
CHANDRA
Digitally signed
by ROHIT
KUMAR
CHANDRA
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Public Health And
Family Welfare Department (Lok Swasthya Evam Parivar Kalyan
Vibhag), Mantralaya, Mahanadi Bhawan, Nava Raipur Atal Nagar,
District Raipur (Chhattisgarh) – 492002.
2 - Chhattisgarh Medical Services Corporation Limited Through Its
Managing Director, 4th Floor, Chhattisgarh Housing Board Commercial
Complex, South East Corner, Sector - 27, Atal Nagar, Nava Raipur,
District Raipur (Chhattisgarh) – 492015
3 - The In-Charge General Manager (Technical) Chhattisgarh Medical
Services Corporation Limited, 4th Floor, Chhattisgarh Housing Board
Commercial Complex, South East Corner, Sector - 27, Atal Nagar, Nava
Raipur, District Raipur (Chhattisgarh) – 492015
4 - The Director Directorate Of Ayurveda, Yoga And Naturopathy, Unani,
Siddha And Homoeopathy (A Y U S H), Chhattisgarh, Block - 1, Third
Floor, Indravati Bhawan, Nava Raipur Atal Nagar, District Raipur
(Chhattisgarh) – 492002
5 - The Secretary Department Of Medical Education (A Y U S H),
Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Nava
Raipur Atal Nagar, District Raipur (Chhattisgarh) – 492002

2
6 - M/s Anjani Pharmaceuticals Plot No. 51, New Industrial Area 02,
Mandideep, District Raisen, Madhya Pradesh – 462046
7 - M/s Himalaya Research Laboratory E.P.I.P., Kartholi, Bari
Brahmana, District Samba, Jammu – 181133
8 - M/s Jamna Herbal Research Limited F-5, New Industrial Area,
Mandideep, District Raisen, Madhya Predesh – 462046
9 - M/s Jamna Pharmaceuticals 48-B, Sector-C, Mandideep, District
Raisen, Madhya Pradesh - 462046
... Respondents
-------------------------------------------------------------------------------------------------
For Petitioner : Mr. Sanjay Kumar Agrawal, Advocate
For State/Respondent Nos. : Mr. Rahul Tamaskar, Govt. Advocate
1, 4 & 5
For Respondent Nos. 2 & 3 : Mr. Trivikram Nayak, Advocate
-------------------------------------------------------------------------------------------------
Hon'ble Shri Krushna Ram Mohapatra, Chief Justice
Hon'ble Shri Santosh Sharma, Judge
Judgment on Board
Per Krushna Ram Mohapatra , Chief Justice
. 11 03 .2026
1 Heard Mr. Sanjay Kumar Agrawal, learned counsel for the
Petitioner. Also heard Mr. Rahul Tamaskar, learned Government
Advocate, appearing for the State/ respondent Nos. 1, 4 & 5 and
Mr. Trivikram Nayak, learned counsel, appearing for respondent
Nos. 2 & 3.
2 This writ application has been filed seeking for following reliefs :
“A. May, this Hon'ble Court be pleased to issue a writ
of mandamus, or any other appropriate writ, order or
direction, directing the Respondent No. 2 to forthwith
issue, notify and upload the extended rate contracts
of the petitioner in respect of the eight approved L-1
items enumerated in the petitioner's letter dated

3
08.08.2026 (Annexure P-7), in terms of the sanction
accorded by the Respondent No. 1 State vide order
dated 24.07.2026 (Annexure P-4), and to furnish the
rate contract list to the Respondent No. 4 so as to
enable issuance of the district-wise distribution lists,
within such time as this Hon'ble Court may be
pleased to stipulate.
B. May, this Hon'ble Court be pleased to issue a writ
of mandamus, or any other appropriate writ, order or
direction, directing the Respondent No. 2 to issue
supply orders to the petitioner in accordance with the
demand raised by the Respondent No. 4 for the
financial year 2026-27, and further to direct that the
period during which the Respondent No. 2 has
withheld implementation of the sanction dated
24.07.2026 shall stand excluded in computing the
period of six months stipulated therein, so that the
petitioner is not deprived of the benefit of the said
sanction by reason of the Respondents' own inaction.
C. May, this Hon'ble Court be pleased to call for the
entire records which is in custody of respondent No. 2
pertaining to the Tender Ref. No. 07/Ayur-Patent/
CGMSCL/DRUGS/2026-27, suffering from procedural
Impropriety.
D. May, this Hon'ble Court be pleased to call for the
entire records specifically pertaining to the of
respondent No. 6 to 9, when they were submitted
their tender dated 15.06.2026, which is in custody of
the respondent no. 2 pertaining to the Tender Ref. No.
07/Ayur-Patent/CGMSCL/DRUGS/2026-27.
E. May, this Hon'ble Court be pleased to issue a writ
of certiorari, or any other appropriate writ, order or
direction, quashing the Entire Tender Ref. No.
07/Ayur- Patent/CGMSCL/DRUGS/2026-27, suffering
from Procedural Impropriety, as it carries forward
under the remark "Clarification Required" bidders
suffering from incurable non-compliance with the
mandatory conditions of the said tender, being utterly
unjust, irrational, unreasonable, discriminatory,
procedurally improper, contrary to the tender
conditions and ipso facto arbitrary proceeding.

4
OR/-
F. May, this Hon'ble Court be pleased to issue a writ
of mandamus, or any other appropriate writ, order or
direction, directing the Respondent No. 2 to evaluate
Cover-A of Tender Ref. No. 07/Ayur-Patent/CGMSCL/
DRUGS/2026-27 strictly in accordance with the
mandatory conditions of the tender document, and in
particular in accordance with Clause 3.1.2 sub- point
3 and Clause 5.1 sub-point 13 thereof read with Note
No. 2 appearing at page 23 thereof, applying one and
the same standard uniformly to every bidder alike,
and to reject as non-responsive every bid which fails
to satisfy the said mandatory conditions.
G. May, this Hon'ble Court be pleased to direct the
Respondents to produce before this Hon'ble Court the
entire record relating to the Cover-A submissions of
the Respondents No. 6 to 9, the constitution of the
Tender Committee for Tender Ref. No. 07/Ayur-
Patent/CGMSCL/DRUGS/2026-27, the publication of
the said tender in national level English and Hindi
newspapers, the evaluation record subsequent to
10.08.2026, and the list of 921 rate contracts annexed
to the sanction dated 24.07.2026.
H. Any other relief which this Hon'ble Court may deem
fit and proper in the facts and circumstances of the
case may also kindly be granted in favour of the
petitioner.
I. Cost of the petition may also be awarded in favour
of the petitioner.”
3 Learned counsel for the Petitioner submits that at the time of filing
of writ petition, the tender in question was not finalized, but in the
meantime, the technical bid has already been opened. In view of
the developments, the Petitioner seeks to withdraw the writ
petition seeking liberty to file a fresh one with better particulars.
4 Mr. Rahul Tamaskar, learned Government Advocate, appearing

5
for the State/ respondent Nos. 1, 4 & 5 and Mr. Trivikram Nayak,
learned counsel, appearing for respondent Nos. 2 & 3 do not have
any objection to such prayer.
5 In view of the above, the writ petition is disposed of as withdrawn
with an observation that the Petitioner, if so advised, may file a
fresh writ petition with better particulars within a period of one
month.
Sd/- Sd/-
(Santosh Sharma) (Krushna Ram Mohapatra)
Judge Chief Justice
Chandra