M/S Sweta Construction Through ... vs The State Of Jharkhand & Ors
2022 Latest Caselaw 1876 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          [Civil Writ Jurisdiction]
                           W.P.(C) No. 1838 of 2020
       M/s Sweta Construction through its partner Shiv Vinay Pandey
                                                                 .... .. ... Petitioner(s)
                                      Versus
       The State of Jharkhand & Ors.                             .. ... ... Respondent(s)
                                       ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO [Through : Video Conferencing] .........

       For the Petitioner                      : Mr. Vishal Kumar, Advocate
       For the respondent(s)/State             : Mr. Deepankar, AC to A.G.
                                                 ......

05/ 09.05.2022. Heard, learned counsel for the parties.

Mr. Vishal Kumar, learned counsel for the petitioner has submitted that the petitioner has preferred the instant Writ Petition for quashing the decision of the Tender Committee in relation to Tender under Reference No.RDD/ SD/ SAHIBGANJ /01/2020-21/ GR/2 for construction of PCC Road from NH 80 to Adiwasi Tola in Ramnagar Village at Ramnagar Panchayat, Block Barharwa, District Sahibganj, Part 2 (CH- 15.58 to 31.16) [Annexure-1] as uploaded on the website of the Department dated 27.04.2020, whereby the Tender Committee has very arbitrarily and illegally accepted the Bid of the non-responsive bidders who had not even submitted the affidavit in the prescribed format to the Single Bid Document providing the total monetary value of construction work performed in last five years and experience in civil engineering works of similar nature completed during the last three years as required at point 35 and thereby has further proceeded to award the work in question to M/s Premlal Saha (respondent No.5) by way of undue favour and in violation of the requirement of the Tender document.

Mr. Vishal Kumar, learned counsel for the petitioner has further submitted that Clause 35 of the Special Condition of Contract [NIT] may profitably be quoted hereunder :-

35. All bidders shall submit the following information :- a.Total monetary value of construction work performed during last five years. b.Experience in civil engineering works of similar nature completed during the last three years.

c.U- can registration certificate d.GST registration certificate.

Mr. Vishal Kumar, learned counsel for the petitioner has further submitted, that the same has not been complied by the respondent no.5, even then the respondents -State has allowed the respondent no.5 to conclude the work and the same has already been done, as such, this Hon'ble Court may consider the same.

.Mr. Deepankar, learned AC to A.G. for the State has opposed the prayer and submitted, that counter-affidavit has already been filed in this case. Mr. Deepankar,

learned AC to AG for the State has further submitted, that Hon'ble Supreme Court in the case of N.G. Projects Limited vs. Vinod Kumar Jain and Ors., reported in 2022 SCC OnLine SC 336 has held that the High Court should not interfere in tender matters. The aggrieved party has legal remedy available under the law.

Considering the rival submissions of the parties and having gone through the materials available on record and having gone through the judgment, as referred above, it appears that the work has already been completed by the respondent no.5. As such, this Court is not inclined to interfere with the prayer made in the instant Writ Petition.

Accordingly, the instant Writ Petition stands dismissed.

(Kailash Prasad Deo, J.) Sandeep/