IN THE HONBLE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PETITION (C) No.

PETITIONERS

Of 2016

1. Sanjay Dewangan, Aged about 47 years,

S/o Late Shri Jeevanlal Dewangan,
Occupation Business (Transporter), R/o
Civil
Lines,
Near
Gandhi
Maidan,
Gariyaband, Police Station Gariyaband,
Tehsil Gariyaband, Civil and Revenue
District Gariyaband, Chhattisgarh

2. Khemchand Jain, Aged about 58 years,

S/o Late Shri Kapoorchand Jain, Occupation
Business (Transporter), R/o Main Road,
Ward No. 11, Nagri, Police Station Nagri,
Tehsil Nagari, Civil and Revenue District
Dhamtari, Chhattisgarh

3. Rakesh Chhajed, Aged about 45 years,

S/o Late Shri Lalchandji Chhajed, R/o Main
Road, Ward No. 11, Nagri, Police Station
Nagri, Tehsil Nagari, Civil and Revenue
District Dhamtari, Chhattisgarh

VERSUS

RESPONDENTS

1. State of Chhattisgarh, Through Secretary,

Government of Chhattisgarh, Department of
Forest, Mantralaya, Capitol Complex, Naya
Raipur, Civil and Revenue District Raipur,
Chhattisgarh

2. Principal Chief Conservator of Forest,

Aranya Bhawan, Jail Road, Near Medical
College Hospital, Raipur, Chhattisgarh

3. Chief Conservator of Forest, Raipur

Circle, Jail Road, Tehsil Raipur, Civil and
Revenue District Raipur, Chhattisgarh

WRIT

PETITION

UNDER

ARTICLES

226/227

OF

THE

CONSTITUTION INDIA FOR ISSUANCE OF A WRIT IN THE NATURE

OF CERTIORARI, MANDAMUS, DIRECTION OR DIRECTIONS,
ORDER OR ORDERS OR THE LIKE

The petitioner named above respectfully begs to submit as under: -

1.

PARTICULARS OF THE PETITIONER

As given in the cause title above.

2.

PARTICULARS OF THE RESPONDENTS

As given in the cause title above.

3.

PARTICULARS OF THE ORDERS AGAINST WHICH THE

PETITION IS BEING PREFERRED

Challenge in this petition is to the order dated 05/01/2016

passed by Principal Conservator of Forest (Respondent No. 2) issuing
directions to Divisional Forest officer, Gariyaband, for transport of forest
produce to be carried out with Government Vehicles instead of
Transport Group who got the tenders with regard to same, copy of
which is being filed as Annexure P-1.

SUBJECT MATTER IN BRIEF

The tender was floated by respondents for transportation of forest

produce woods and bamboo used in commercial purpose, in the Forest
divisions of Gariyaband and Balodabazar at Raipur circle. Notice
inviting tender was issued to General Public to submit the tender at the

office of Chief Conservator of forest, Raipur in the prescribed format.

Tenders were to be allotted in five phases on different dates. The
petitioners herein submitted their bid and as the rates exceeded
Rupees

10

Lakhs

as

per

rules

for

allotment

of

tenders

recommendation was made to seek permission from Principal chief

Conservator of Forest as the rates of tenders exceeded Rupees 10
Lakh for which Chief Conservator of forest has not been conferred with
authority to allot

the work. The recommendation sent by the Chief

Conservator of Forrest was turned down by the Principal chief

Conservator of forest and permission was denied. On the contrary the
Chief Conservator of Forest Raipur circle issued direction to the
Divisional Forest Officer, Gariyaband stating that as per the telephonic
instruction received from Principal Chief Conservator of forest,
permission cannot be granted to the petitioners, due to the reason that
rates received are high and transportation is to be carried out with
Government Vehicles. Aggrieved by the same as the tenders were
allotted to the petitioners and they accrued the rights under the
impugned action of the respondents of assigning the reason of higher
rates for not granting the permission despite of the fact that in previous
years on lesser rates permissions were granted for transportation,
petitioner is not left with any other alternative efficacious remedy but to
approach this Honble court by way of this Petition.

4.

WHETHER CAVEAT FILED, IF YES, WHETHER COPY OF

THE PETITION SUPPLIED TO THE CAVEATOR

The petitioner humbly submits that no caveat has been filed by

any of the respondent.

5.

DETAILS OF REMEDIES EXHAUSTED

That the petitioner humbly submits that against the impugned

action of the respondents no other efficacious remedy is available than
to prefer the instant petition under Article 226 of the Constitution of

India especially when valuable statutory rights of the petitioner are

seriously jeopardized.

6.

MATTER NOT PREVIOUSLY FILED OR PENDING WITH ANY

OTHER COURT OF LAW

The petitioner declares that

7.

DELAY, IF ANY, IN FILING THE PETITION

8.

FACTS OF THE CASE

The facts of the case in brief are as follows:-

8.1 That the Respondent no. 1 issued a Notice Inviting Tender on dated
03/09/2015 for the transportation of forest produce woods and bamboo
used for Commercial purpose in division Gariyaband/Balodabazar
under circle Raipur in five phases on different dates. This Notice Inviting
Tender contains the terms and conditions. A copy of Notice Inviting
Tender is being filed herewith as Annexure P-2.

8.2

That the Petitioner No. 1, 2 and 3 herein being the transporter

submitted the tender documents and their bid

to obtain tender for

forest division Gariyaband in third phase of the bid. Due to the reason
that the Chief conservator of forest has got the decisions making
powers only up to the amount of 10 lakhs and the bids submitted were
of higher amounts, Chief conservator of Forest, Raipur circle sent the
recommendation for allotment of tender to the petitioners to the office of
Additional Principal Chief Conservator of Forest (Production) for the
approval on dated 26/11/2015. A copy of recommendations dated

26/11/2015 and3/12/2015 are being collectively filed herewith as

Annexure P-3.

8.3

That a letter was issued to Petitioner No. 1 herein from the office

of Divisional forest Officer regarding tender of transport obtained by him

on

16/10/2015.

Vide

this

letter

permission

was

granted

for

commencement of transportation and petitioner was asked to submit

the taxes along with other directions stated therein. A copy of letter
dated 24/11/2015 is being filed herewith as Annexure P-4.

8.4

That vide order dated 05/01/2016 Chief Conservator of Forest

Raipur circle issued direction to the Divisional Forest Officer,

Gariyaband stating that as per the telephonic instruction received from
Principal Chief Conservator of forest, permission cannot be granted to
the petitioners, due to the reason that rates received are high and
transportation is to be carried out with Government Vehicles. A copy of
order impugned dated 05/01/2016 is already annexed as Annexure P1.

8.5

The

8.6

The

8.7

A copy of the application filed by the respondent No.1 is being

filed herewith as Annexure P-5.

8.8
8.9

That

8.10
, inter alia, on the following grounds:-

9. GROUNDS URGED

9.1

That the impugned orders passed by is liable to be quashed.

9.2

That

9.3

That

9.4

That

10. RELIEF(S) SOUGHT

That in the light of above submissions, the petitioner prays for the
following relief(s):

10.1 That this Honble Court be pleased to call for the entire records
pertaining to issuance of the impugned order for its perusal.

10.2 That this Honble Court be pleased to issue a writ in the nature of
mandamus quashing the impugned order (Annexure P-1).

10.3 That any other order or orders, direction or directions, writ or writs,
as this Honble Court may deem fit under the facts and circumstances
of the case may also be issued in favour of the petitioner against the
respondents.

10.4 That costs of the petition may also be awarded to the petitioner.

RANBIR SINGH MARHAS

COUNSEL FOR THE PETITIONER
BILASPUR
DATE
CERTIFICATE

It is certified that due care has been taken in the case comply with the
provisions of the Chhattisgarh High Court Rules, 2006.

BILASPUR
DATE
RANBIR SINGH MARHAS
COUNSEL FOR THE PETITIONER

IN THE HONBLE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PETITION (C) No.

PETITIONERS

Of 2016

Sanjay Dewangan and two others

VERSUS

RESPONDENTS

State of Chhattisgarh and others

APPLICATION FOR GRANT OF AD-INTERIM ORDER

The petitioner respectfully begs to submit as under: -

1.

That the petitioners have preferred a writ petition challenging the

2.

That the petitioner craves leave of this Honble Court to advert to

the facts and grounds mentioned in the writ petition for the purposes of
this application as well.

3.

That for the reasons mentioned in the petition, the same is most

likely to be allowed.

4.

That the balance of convenience lies in favour of the petitioner.

5.

That an affidavit in support of this application is being filed

herewith.
PRAYER

It is therefore prayed that this Honble Court be pleased to stay

the effect and operation of the This Honble Court be further pleased to
pass such other order as it may deem fit under the facts and
circumstances of the case.

Bilaspur
Date
RANBIR SINGH MARHAS
COUNSEL FOR THE PETITIONER

IN THE HONBLE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PETITION (C) No.

PETITIONERS

Of 2016

Sanjay Dewangan and two others

VERSUS

RESPONDENTS

State of Chhattisgarh and others

AFFIDAVIT

I, Sanjay Dewangan, Aged about 47 years, S/o Late Shri

Jeevanlal Dewangan, Occupation Business (Transporter), R/o Civil
Lines, Near Gandhi Maidan, Gariyaband, Police Station Gariyaband,
Tehsil Gariyaband, Civil and Revenue District Gariyaband, Chhattisgarh
and petitioner number 1 in the instant petition do hereby solemnly affirm
on oath and declare as under:

1.

That I am one of the petitioner in the instant case and as such I

am aware of the facts and circumstances of the same.

2.

That the attached writ petition has been drafted as per my

instructions and the contents thereof from paragraphs 1 to 7 and 9 to

10 are true and correct to the best of my knowledge based on the legal
advice and the contents of paragraph 8 of the petition are true and
correct to the best of my personal knowledge and belief based on the
official documents.

3. That the documents attached with the petition are true and genuine
copies of their respective originals and I have not suppressed any
material information.

Deponent
VERIFICATION

I, Sanjay Dewangan the deponent herein do hereby verify that

the contents of photographs 1 to 3 are true and correct to the best of
my personal knowledge and belief.

Verified and signed on this

day of January 2016 at Bilaspur.

Identified by me

Deponent

IN THE HONBLE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PETITION (C) No.

PETITIONERS

Of 2016

Sanjay Dewangan and two others

VERSUS

RESPONDENTS

State of Chhattisgarh and others

AFFIDAVIT

I, Sanjay Dewangan, Aged about 47 years, S/o Late Shri

Jeevanlal Dewangan, Occupation Business (Transporter), R/o Civil
Lines, Near Gandhi Maidan, Gariyaband, Police Station Gariyaband,
Tehsil Gariyaband, Civil and Revenue District Gariyaband, Chhattisgarh
and petitioner number 1 in the instant petition do hereby solemnly affirm
on oath and declare as under:

1.

That I am one of the petitioners in the instant case and as such I

am aware of the facts and circumstances of the same.

2.

That along with the attached writ petition I have also filed an

application for interim relief. The application for interim relief has been
drafted as per my instructions and the content thereof from paragraphs
1 to 5 are true and correct to the best of my personal knowledge and
belief.

Deponent

VERIFICATION

I, Sanjay Dewangan, the deponent herein do hereby verify that

the contents of photographs 1 and 2 are true and correct to the best of
my personal knowledge and belief.

Verified and signed on this

day of January 2016 at Bilaspur.

Identified by me

Deponent