Patna High Court
Jai Mata Di Road Construction Pvt. ... vs The State Of Bihar on 20 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17443 of 2021
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Jai Mata Di Road Construction Pvt. Ltd. a company registered under the
provisions of Companies Act and having its registered office at LIG 3/97,
Hanuman Nagar, Kankarbagh, P.O. Lohia Nagar, P.S. Patrakar Nagar, District
- Patna - 800020 represented through its authorized director namely Ranjit
Kumar, male, aged about 45 years, son of Late Binay Kumar Singh, resident
of village Sarasat, P.O. Sarasat, P.S. Naubatpur, District - Patna - 801109.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Rural Works Department,
Government of Bihar, Patna.
2. The Principal Secretary, Rural Works Department, Government of Bihar,
Patna.
3. The Engineer in -Chief, Rural Works Department, Government of Bihar,
Patna.
4. The Executive Engineer, Rural Works Department, Works Division, Siwan -
2.
5. Bihar Medical Services and Infrastructure Corporation Ltd which is a
government of Bihar undertaking through its Chief General Manager, 4th
floor, BSBCCL building, Hospital Road, Shashtri Nagar Patna.
6. The Road Construction Department, Government of Bihar, Patna through
the Executive Engineer, West Division, Patna.
7. Bihar State Building Construction Corporation Limited through its Chief
General Manager, Hospital Road, Shashtri Nagar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashish Giri, Advocate
For the Respondent/s : Mr.Kumar Alok ( SC 7 )
For BMSICL Mr. Lalit Kishore, Sr. Advocate
Mr. Vikash Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 20-12-2021
Petitioner has prayed for the following relief(s):
Patna High Court CWJC No.17443 of 2021 dt.20-12-2021
"i. To issue writ/order or direction in the
nature of Certiorari for quashing order
bearing No. 2037 dated 13.07.2021 issued
under the signature of the Engineer in-
Chief, Rural Works Department,
Government of Bihar, Patna in terms of
which petitioner has been declared
defaulter and debarred from participating in
any other tender in relation to the work
therein.
ii. To hold and declare that the impugned
order of debarment is in fact blacklisting
for indefinite period without any show
cause notice and hence violative of Article
14 and 19(1)(g) of the Constitution of
India.
iii. To pass interim/ad-interim relief during
the pendency of the present writ application
directing the respondents to consider the
bid of the petitioner pursuant to various
NIT's as per annexure 9 without being
influenced by the order o debarment and to
consider its technical and financial bid
accordingly and/or permit the petitioner to
submit its bid in relation to other tenders
without being influenced by the order of
debarment and/or stay the operation of the
impugned order of debarment dated
13.07.2021.
iv. To any other relief or reliefs for which
the petitioners are found to be entitled in
the facts and circumstances of the case."
It is brought to our notice that the respondents
Patna High Court CWJC No.17443 of 2021 dt.20-12-2021
themselves have rectified the impugned order dated
13.07.2021, in reference to the petitioner, vide subsequent
order dated 6th of October, 2021.
In this view of the matter, the petition could have
been closed but for the fact that, as Shri Ashish Giri, learned
counsel for the petitioner rightly invites our attention to the
fact that the petitioner has participated in certain tenders, as
stated in para 23 of the petition, and that he should not be
precluded from participating therein, solely on the action taken
vide communication dated 13th of July, 2021 (Annexure-5,
page 41) whereby 68 parties were debarred from participating
in future tenders. Insofar as the present petitioner is concerned,
no reasons were assigned for the same. No notice prior thereto
was ever issued, nor petitioner informed of the institution of
the proceedings.
As such, on this short ground alone, while
quashing the impugned order/communication dated 13.07.2021
(Annexure-5, page 41), insofar as the present petitioner is
concerned, whose name stands referred to at serial Nos.36 and
37, we clarify that, more so in view of the respondents'
subsequent order of rectification, that petitioner shall not be
debarred from participating in the tender solely on the basis of
Patna High Court CWJC No.17443 of 2021 dt.20-12-2021
the said communication dated 13.07.2021.
The petition is disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 22.12.2021
Transmission Date
