Braj Bihari vs The State Of Bihar
2021 Latest Caselaw 59 Patna

         IIN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8734 of 2020
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Braj Bihari S/o-Lakshmi Narayan Rai, Resident of Vill and P.O.-Chatursi, P.S.-Minapur, Dist.-Muzaffarpur, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar. Old Secretariat, Patna.

2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3. The Additional Chief Executive Officer-Cum-Secretary, Bihar Rural Road Development Agency, Rural Works Department, Government of Bihar, Patna.

4. The Engineer in Chief, Rural Works Department, Government of Bihar, Patna.

5. The Chief Engineer-3, Rural Works Department, Government of Bihar, Patna.

6. The Superintending Engineer, Rural Works Department, Work Circle Muzaffarpur Cum-The Chairman of Technical Bid Committee, Rural Works Div. Muzaffarpur.

7. The Executive Engineer, Rural Works Department, Works Div. Muzaffarpur East-2.

8. The Executive Engineer, Rural Works Department, Works Div. Muzaffarpur West.

9. The Technical Advisor, Rural Works Department, Works Circle-

Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Kundan Kumar Ojha, Adv. For the Respondent/s : Mr.Prabhu Narayan Sharma Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 07-01-2021

Heard learned counsel for the petitioner and the State.

The Engineer-in-Chief Rural Works Department

Bihar on 28.11.2019 invited tender on behalf of the Govt. of Patna High Court CWJC No.8734 of 2020 dt.07-01-2021

Bihar through E-procurement online system, (SBD based)

from bonafide approved and eligible contractors registered

with the specified Department for the MMGSY works

including maintenance for 5 years after construction of

work. The petitioner has submitted his bid in respect of the

various tenders identified by an identification number.

Altogether seven tender bids were submitted by the

petitioner. The tender bids in respect of tender I.D. No

84461, 84468, 84471 and 84492 have been declared

disqualified.

The short submission of the petitioner counsel is that

the disqualification has been taken in the decision of the

technical bid Committee dated 05.03.2020 by specifying a

reason that the Advocate Welfare Stamp fee (Rs 25) was

not affixed in the affidavit submitted in respect of the tender

I.Ds, and as such, this deficiency disqualified the

petitioner's bid. He further submits that such rejection is not

sustainable. He refers to a communication of the Rural

Works Department dated 31.01.2020 to submit, that as per

the same, the Department on 31.01.2020 took a decision

that hereinafter the requirement of affixing Advocate Patna High Court CWJC No.8734 of 2020 dt.07-01-2021

Welfare Stamp (Rs 25) on the affidavit would be specified

in the standard bidding document for the tenderers. Relying

on this communication, he submits that since the

petitioner's tender was submitted in response to the

advertisement issued prior to 31.01.2020 the requirement of

affixing Advocate Welfare Stamp of Twenty Five Rupees on

the affidavit could not be enforced, and as such, non supply

of Advocate Welfare Stamp for Twenty Five Rupees cannot

be treated as disqualification.

A counter affidavit has been filed on behalf of the

State. The learned State counsel has drawn the attention of

the Court towards Annexure-D i.e. the Gazette notification

dated 25.2.2019 , whereby, Bihar Advocates' Welfare Fund

Amendment Act was notified. The same amended the

amount of the Advocate Welfare fund stamp to be "Twenty

Five Rupees" in place of "Fifteen Rupees". It is his

submission that from the date of the said notification

amended stamp fee Rs 25/- was a standard requirement

enforceable by law and, therefore, the writ petitioner cannot

be heard to say that till such time a separate notification was

issued by the Department to supply Advocate Welfare Patna High Court CWJC No.8734 of 2020 dt.07-01-2021

Stamp of Twenty Five Rupees, he cannot be put to such

requirement.

This Court is in agreement with the submissions

advanced by the State Counsel. Once the amount of

Advocate Welfare Fund Stamp has been amended by an

Act and duly notified in the Gazette on 25.02.2019, the

requirement assumes the force of law and it is required to

be complied with. Non supply of Advocate Welfare Stamp

of Twenty Five Rupees on the affidavit submitted by the

petitioner can therefore be considered to be a

disqualification as the affidavit would be suffering with a

defect to the extent that the amount of the Advocate Welfare

Stamp affixed on the affidavit is insufficient. From the

pleadings on record, it is further evident that on the similar

grounds at least two other bidders bid has been

disqualified. The respondents were enforcing this

requirement uniformly and rightly so, in view of the

Gazette notification.

The further submission of the petitioner's counsel is

that from paragraph No 17 of the counter affidavit filed by

the State , it is evident that at least three tender IDs are Patna High Court CWJC No.8734 of 2020 dt.07-01-2021

still pending and for which the technical bid has not been

opened, namely, Tender ID No 84463, 84469 and 84470. He

submits that he should be given an opportunity to make

good the defect by supplying the amount of Advocate

Welfare Stamp fee which is deficient in the affidavit

submitted in respect of these tenderers. The petitioner

would be at liberty to supply the deficient amount of

Advocate Welfare Stamp in respect of the three tenderers

along with a request to accept the same, and the Authority

would consider such request of the petitioner, in accordance

with law.

The application stands disposed of.

(Madhuresh Prasad, J) shyambihari/-

AFR/NAFR                NAFR
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Uploading Date          12.01.2021
Transmission Date