Ramesh Kumar vs The State Of Bihar
2021 Latest Caselaw 5392 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2631 of 2021
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Ramesh Kumar Son of Sattan Ram Resident of Mohallah- I.D.H. Colony, Behind National Health Institute, P.S.- Alamganj, District- Patna (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Urban Development, Vikash Bhawan, Bailey Road, Patna.

2. The Managing Director-cum-Chief Executive Officer, Bhagalpur, Smart City Limited, Bhagalpur.

3. The Chief Executive Officer, Bhagalpur Smart City Limited, Bhagalpur.

4. Veereshwar Kripa Infrastructure through its Proprietor Sanjay Kumar, Resident of B 206, Shashwat Mahadeo Heights, S.P. Ring Road, Vastral, Ahmadabad.

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

For the Petitioner/s : Mr.Uma Shankar Tiwary, Advocate For the Respondent/s : Mr. Manish Kumar, Advocate Mr. Maruth Nath Roy, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 22-11-2021

Petitioner has prayed for the following reliefs: -

"A. For quashing the Tender Cancellation Order against NIT No. BSCL/Night Shelter/2020/20 (Annexure-) by which the Respondent No. 2 has arbitrarily, malafide and due to extraneous consideration has cancelled the Tender/N.I.T. against which the Petitioner as has already qualified both Technically Patna High Court CWJC No.2631 of 2021 dt.22-11-2021

& Financially by the Tender Committee.

B. For the issuance of a writ of Mandamus directing the Respondents to allot the to the Petitioner whom the Tender Committee was duly declared qualified both Technically and Financially after scanning the documents by the Petitioner pursuant to the NIT's requirements.

C. For stay the operation of Re-Tender Process (Annexure - ) of the work under reference during the pendency of the writ petition.

AND / OR

Your Lordships may deem to pass any appropriate direction/Order may be passed in the interest of justice and the facts and circumstances of the case."

Vide corrigendum -3 dated 29th of June, 2020, notice

inviting tender was issued for construction of night shelters in

Bhagalpur, Bihar with operation and maintenance for five years.

The said project was undertaken under the Smart City Mission

mode.

Petitioner contends that he had submitted his bid in

terms of the N.I.T. and the Technical Evaluation Committee as

also the Tender Committee found the petitioner to be fully Patna High Court CWJC No.2631 of 2021 dt.22-11-2021

eligible. However, before any final decision could be taken,

without assigning any reasons, the tender stands recalled vide

notice of cancellation (Annexure-5, page-241).

We do not find the petitioner to have made out any

case for interference with the said notice of cancellation for it

cannot be said that petitioner has an indefeasible right in the

award of tender even if the Tender Evaluation Committee has

found the petitioner's bid to be technically qualified. The

impugned notice of cancellation does assign reason for

cancelling the tender and, in fact, we find that pursuant thereto,

a fresh N.I.T. notice (Annexure-6, page 242) inviting tender

stands issued with respect to the very same work.

Learned counsel for the respondents, could not state

the position with regard to the said process initiated in terms

thereof.

Be that as it may, we see no reason to interfere in the

present writ petition, which is disposed of with the direction to

the Respondent No. 2, namely The Managing Director-cum-

Chief Executive Officer, Bhagalpur, Smart City Limited,

Bhagalpur, to positively finalize the process of tender in terms

of Annexure-6, if not so already done, within a period of three

weeks from today.

Patna High Court CWJC No.2631 of 2021 dt.22-11-2021

We are constrained to pass such an order considering

the fact that the work was for providing shelter to the homeless

during the winter months.

Petition stands disposed of in the aforesaid terms.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/DKS/-

AFR/NAFR
CAV DATE
Uploading Date          24.11.2021
Transmission Date