Patna High Court
M/S Magadh Advertising Bureau vs The State Of Bihar on 22 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4348 of 2021
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M/s Magadh Advertising Bureau S.P. Verma Road Police Station Kotwali
District Patna through Chitiz, male age about 38 years son of Parimal
Resident of A/12 Alkapuri Gardanibag, Gardanibag Boys High School,
Fulwari, Patna Bihar 800002 authorized signatory of M/s Magadh Advertising
Bureau, S.P. Verma Road Police Station, Kotwali, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Animal and Fisheries Resources
Department, Government of Bihar.
2. The Secretary, Animal and Fisheries Resources Department, Government of
Bihar.
3. The Bihar Livestock Development Agency, Bihar Veterinary College
Campus, Patna-800014.
4. The Project Director, Bihar Livestock Development Agency, Bihar
Veterinary College Campus, Patna-800014 through Secretary, Animal and
Fisheries Resources Department, Government of Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Santosh Kumar Sinha 2, Advocate
For the Respondent/s : Mr.Lalit Kishore ( A.G. )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"i. Issuance of a writ in the nature of certiorari
quashing the order dated 23.12.2020 passed by
the Project Director whereby and where under
he has cancelled Tender PR No. 005835
(Animal) 2020 RFP for Printing and Installation
of Hoarding (website tender no. BLDA/842/
2020-21) dated 29.08.2020 saying "unavoidable
reason"
ii. Issuance of a writ in the nature of certiorary
quashing the Tender dated 30.12.2020 by the
Patna High Court CWJC No.4348 of 2021 dt.22-12-2021
Project Director for the same work which he has
cancelled on 23.12.2020 on the ground of
"unavoidable reason"
iii. Issuance of an appropriate writ, order or
direction directing and commanding the
respondents to place the earlier tender matter
before the Financial Committee to distribute the
work among bidder at L1 rate in interest of
work.
iv. Other relief or reliefs to which the petitioner
is found entitled for."
We are of the considered view that the petition only
merits rejection.
The respondent department has invited tenders for
carrying out certain works of printing and installation of
hoardings.
Undisputedly, the petitioner participated and was
found to be fully eligible and qualified for award of the work,
more so, for the reason that his bid was the highest, but
however, before the bid could be finalized, the Technical
Evaluation Committee took a decision of suggesting the
department for cancelling the tender and issuing fresh NIT.
Pursuant to the said decision, the respondent department vide
impugned order dated 23rd of December 2020 took a decision of
cancelling the process of tender. It has also come on record that
subsequently a fresh tender was issued on 30 th of December
2020 itself.
In our considered view, the impugned action of the
Patna High Court CWJC No.4348 of 2021 dt.22-12-2021
respondent cannot be said to be mala fide, capricious or
arbitrary. The reason to cancel the tender being "unavoidable
reason" is based on the suggestions of the Technical Committee
for cancelling the tender and issuing fresh NIT
Also, we find that no legal enforceable right accrues
in favour of the petitioner only on account of having being
found to be the highest bidder. Also, we notice that even though
the impugned action is dated 23rd of December 2020/ 30th of
December 2020 but however, the present petition was filed on
11th of January 2021 and no request for early hearing of the
petition was ever made.
As such on these grounds and for all the aforesaid
reasons, we dispose of the present petition.
Interlocutory application(s), if any, shall stand disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
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