Patna High Court
Bhola Sharan Singh vs The State Of Bihar on 17 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8151 of 2020
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Bhola Sharan Singh Son of Late Ram Lakhan Singh, resident of village-
Hasanpur, Shahpur Tola, Pirpardih P.S. Aurangabad, District- Aurangabad,
Bihar
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Rural Works
Department, Government of Bihar, Patna
2. The Engineer in Chief Rural Works Department, Government of Bihar,
Patna
3. The Engineer in Chief cum Secretary Technical, Rural Works
Department, Government of Bihar, Patna
4. The Chief Engineer-2 Rural Works Department, Government of Bihar,
Patna
... ... Respondents
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Appearance :
For the Petitioner : Mr. Prabhat Ranjan, Advocate
For the State : Mr. Kumar Alok, SC-7
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 17-03-2021
Heard learned counsel for the petitioner and learned
counsel for the State. Learned counsel for the petitioner has filed an
undertaking to remove all defects pointed out by the Stamp
Reporter as and when required. It is accordingly directed that all
defects pointed out by the Stamp Reporter be removed within one
month hereof.
Patna High Court CWJC No.8151 of 2020 dt.17-03-2021
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition -
"(i) Quashing of the decision of the Technical Bid
Evaluation Committee dated 11.08.2020 in connection
with Notice Inviting Re-Tender MR-3054-15/2019-20
regarding Tender ID No. 94230, 94232 and 94234
respectively (Annexure-1) whereby the Technical Bids of
the petitioner have been rejected and the petitioner has
been disqualified upon an illegal ground that the work
awarded to him earlier vide Agreement No. 05/MBD/19-
20 has not even been started though the contemplated
date of completion is 03.09.2020; and
(ii) Restraining the respondents from finalizing the
Tender arising out of in connection with Notice Inviting
Re-Tender MR-3054-15/2019-20 regarding Tender ID
No. 94230, 94232 and 94234 respectively during the
pendency of the present writ application."
3. The petitioner is aggrieved by the fact that his
technical bid has been disqualified on irrelevant grounds and
without prior notice to the petitioner which has resulted in civil
consequences. Learned counsel for the petitioner submits that had
a prior opportunity been granted, the petitioner would have been
able to demonstrate that the criteria for disqualification as given in
Clause 4.7 (ii) of the Model Bidding Document (MBD) were not
attracted. In this regard, a representation dated 24.08.2020 has
been filed before the Principal Secretary, Rural Works Department,
Patna High Court CWJC No.8151 of 2020 dt.17-03-2021
Government of Bihar, Patna (page-32 of the writ petition) which
however remains pending.
4. Learned counsel for the respondents appears and
opposes the petition, submitting that due reasons have been
assigned in the impugned order dated 11.08.2020 (Annexure-2
series) and hence there is no arbitrariness in this regard. It is
submitted that in terms of instructions to bidders, the petitioner
had duly accepted the conditions in the MBD and therefore he was
bound by Clause 4.7 (ii) of the MBD in particular.
5. Having heard the parties, on consideration of the
materials on record and also having regard to the pending
representation of the petitioner, the writ petition is disposed of
with liberty to the petitioner to appear before the Principal
Secretary, Rural Works Department, Government of Bihar, Patna
(Respondent No. 1) on 05.04.2021 at around 3:00 pm (being the
date and time consented to by the parties) to enable him to pursue
the said representation dated 24.08.2020. The Principal Secretary
shall accordingly consider and dispose of the said representation
after hearing the petitioner, on its own merits by a reasoned order
within two weeks thereafter.
6. It is made clear that any further action taken in
relation to the contract shall abide by the final result of disposal of
the representation.
Patna High Court CWJC No.8151 of 2020 dt.17-03-2021
7. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made by
the petitioner within the stipulated time provided in para-1
hereinabove, failing which the matter shall be brought to the notice
of this Court.
(Vikash Jain, J)
Ibrar/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 19.03.2021
Transmission Date N.A.
