Facts
The Petitioner challenged the action of the Directorate of Printing and Stationery, Government of Chhattisgarh, regarding a 2021 tender for empanelling printers.
Source reference: para. 3Clause 22 of the tender stipulated a one-year contract period ending on 01.08.2022.
Source reference: para. 3, 4The Petitioner alleged that the State repeatedly and arbitrarily extended the contracts of Respondents No. 4 to 8 without issuing fresh tenders, thereby violating transparency and fair competition.
Source reference: para. 3, 4The Petitioner submitted a complaint to the Chief Secretary on 04.02.2025, but no action was taken.
Source reference: para. 3Consequently, the Petitioner sought a direction to the State to decide on the complaint and produce records of the "illegal extensions".
Source reference: para. 2Issues
1. Whether the Petitioner has the requisite locus standi to maintain a writ petition challenging the extension of government contracts/tenders when he was not a participant in the process.
Source reference: para. 7, 82. Whether the administrative decision to extend existing contracts due to public exigency is subject to judicial review at the instance of a third party.
Source reference: para. 5, 8Law Applied
The Court primary applied the principle of locus standi as applicable to writ jurisdiction under Article 226 of the Constitution of India.
Source reference: para. 8It reiterated the settled legal position that in matters arising out of contractual and tender processes, a petition is maintainable only at the instance of an "aggrieved party" or a person who participated in the tender process and whose legal or fundamental rights are directly affected.
Source reference: para. 7The court also noted the principle of administrative discretion where extensions may be necessitated for continuity of essential services in public interest.
Source reference: para. 5Reasoning
The Court examined whether the Petitioner demonstrated any direct legal injury.
Source reference: para. 8It observed that the Petitioner had neither participated in the 2021 tender process nor shown how his individual legal or fundamental rights were infringed by the extensions granted to the private respondents.
Source reference: para. 8The Court characterized the grievance as a "general challenge to administrative action" lacking any enforceable personal right.
Source reference: para. 8By applying the doctrine of locus standi, the Court reasoned that since the Petitioner was not an aggrieved party in the contractual sense, he had no standing to invoke the extraordinary jurisdiction of the High Court to scrutinize the State's policy decisions or administrative extensions.
Source reference: para. 8, 9Holding
The Court answered the issue of maintainability in the negative, holding that the Petitioner lacked the necessary locus standi to challenge the tender extensions.
The Court concluded that the petition was misconceived as it sought to interfere in contractual and policy matters without a vested right.
Source reference: para. 5, 8Accordingly, the High Court of Chhattisgarh dismissed the writ petition at the threshold.
Source reference: para. 9Original Court PDF
NITIN RAJIV SINHAvsSTATE OF CHHATTISGARH
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