M/S J.K. Enterprises Through Its Sole Proprietor vs Rajiv Kumar And Others

Sandeep Sharma, J

By way of present contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for their having willfully and intentionally disobeyed the directions contained in the interim order dated 30.4.2021, rendered in CWP No. 2732 of 2021, whereby the Division Bench of this Court while granting time to the respondents to file reply to the petition passed following order in the CMP No. 5336 of 2021:

“CMP No. 536 of 2021

Notice and reply in the aforesaid terms. In the meantime, award letter, if any, issued to the lowest successful bidder, shall be subject to the outcome of the present petition.”

Though pursuant to order dated 25.6.2021, no reply has been filed by the respondents-contemnors, but pursuant to order dated 8.3.2022, respondents have come present. Mr. Ajay Vaidya, learned Senior Additional Advocate General, while making this Court to peruse order dated 30.4.2021, passed in CMP No. 5336 of 2021, contends that though vide aforesaid order, liberty was reserved to the department to issue award letter to the lowest successful bidder during the pendency of the petition, but yet department chose not to issue award letter to the lowest successful bidder and as such, it is not understood that on what basis, present contempt petition has been filed.

Ms. Seema Guleria, learned counsel for the petitioner, submits that vide order dated 30.4.2021, no liberty was reserved to the department to issue award letter to the lowest successful bidder, rather by way of present order, it was ordered that award letter, if any, issued to the lowest successful bidder, shall be subject to the outcome of the present petition.

Since respondents after passing of the order dated 30.4.2021, have not issued award letter to the lowest successful bidder, aforesaid plea made by Ms. Guleria, has otherwise no relevance. Averments contained in the petition as well as submissions having been made by the learned counsel for the petitioner nowhere indicate violation of order dated 30.4.2021, by the respondents, but yet petitioner, for no reasons, approached this Court in the instant proceedings for initiation of contempt proceedings against the respondents. It appears that present petition has been filed with an ulterior motive to pressurize the department to give work to the petitioner, ignoring the lowest successful bidder and as such, petition at hand deserves to be dismissed.

Consequently, in view of the above present, present contempt petition is dismissed being devoid of any merits and notices issued to the respondents contemnors are discharged.