M/s Pratishtha Pragati Petrochem, a Proprietorship Firm having its office at v. State of Jharkhand through Principal Secretary, Department of Cabinet

W.P.(C) No. 1324 of 2024 M/s Pratishtha Pragati Petrochem, a Proprietorship Firm having its office at Nimadih, P.O. Arkhango, P.S. Dhanwar, District Giridih through its Proprietor Chandra Mouli Singh, Son of Late Kedar Singh, aged about 53 years, Resident of Panchayat Nimadih, Balok, P.O. Arkhango, P.S. Dhanwar, … … Petitioner District Giridih. Versus

#1. State of Jharkhand through Principal Secretary, Department of Cabinet Secretariat and Vigilance, officiating from his office at Ground Floor, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi. 2. Secretary, Department of Road Construction, officiating from his office at Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi. 3. Engineer In-chief, Department of Road Construction, officiating from his office at Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi. … … Respondents ----- CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner For the State -------- : Ms. Shivani Jaluka, Advocate : Ms. Omiya Anusha, AC to AAG-IA -------- Order No. / Dated 29th April 2024 This writ petition has been filed raising an apprehension that the petitioner-Firm shall not be permitted to participate in any tender for supply of Emulsion. The petitioner-Firm states that it is engaged in the business of manufacture of Bitumen Emulsion used in road construction on specification of IS-8887-2004 (RS1 and RS2) (SS1 and SS2) MS. 2. Ms. Shivani Jaluka, the learned counsel for the petitioner refers to Jharkhand Schedule of Rates Framing Standard Operating Procedure, 2020 to submit that the petitioner-Firm shall suffer business losses as clause 13 of the Standard Operating Procedure does not specify the product manufactured by the petitioner-Firm and thereby it shall be automatically excluded from participating in any tender. The learned counsel further submits that the Standard Operating Procedure, 2020 contains a requirement which cannot be fulfilled by the petitioner-Firm. The petitioner-Firm has pleaded that it approached the Central Public Works Department (CPWD) with a request for empanelment but the same was declined vide letter dated 11th December 2023 informing the petitioner-Firm that the CPWD is not empaneling manufacturers of any specific product. In the counter-affidavit, the Road Construction Department took a stand that in the meeting held on 18th October 2023 the State Level Schedule Rate Framing Committee took a decision that if the petitioner-Firm possesses qualification under clause 13 of the Standard Operating Procedure, it may resubmit its proposal and that shall be considered. 3. It is well accepted a proposition that no one can be forced to do an impossible act. Under section 36 of the Indian Contract Act, the contract contingent to do or not to do anything if an impossible event happens shall be void whether the impossibility of the event was known or not to the parties. The communication dated 11th December 2023 insisting the compliance of sub-clause (i) to clause 13 of the Standard Operating Procedure as to empanelment by the CPWD reflects complete non- application of mind; it cannot be fulfilled by any manufacturer. 4. While so, we hereby indicate that in the event a tender is floated by the Government of Jharkhand or any of its Department requiring supply of Bitumen Emulsion, the petitioner-Firm shall be permitted to participate. 5. observations. WP(C) No. 1324 of 2024 is disposed of with the aforesaid (Shree Chandrashekhar, A.C.J.) (Navneet Kumar, J.) R.K/Nishant 2 WP(C) No.1324 of 2024