Patna High Court
Dynamic Infra And Services India ... vs The State Of Bihar on 12 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20549 of 2019
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Dynamic Infra and Services India Pvt. Ltd. through its Director, Manoj
Kumar Gupta, aged about 64 years, Gender-Male, S/o Deo Nath Gupta,
resident of Mohalla-Sadikpur Sarai Lane, P.O.-Gulzarbagh, P.S.-Alamganj,
District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Govt. of Bihar, Patna.
2. The Director, Department of Health, Govt. of Bihar, Patna.
3. The Joint Secretary, Department of Health, Govt. of Bihar, Patna.
4. The District Magistrate, Patna.
5. The Medical Superintendent, Patna Medical College and Hospital, Patna
6. The Director, S.D. Medical System, Nandan Bhawan, Near Sur Sudha
Apartment, East Boring Canal Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Parmeshwar Vishwakarma, Advocate
For the Respondent/s : Mr.Birju Prasad (GP 13)
Ms.Sweta Anand, AC to G.P. 3
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-12-2022
Petitioner has prayed for following relief (s) : -
"(a) Issuance of writ in the nature of certiorari for
quashing/set aside the allotment of Tender dated
09.08.2018 subsequent to the Advertisement which
was issued vide Memo no.5119 dated 29.05.2018
published by the Superintendent, Patna Medical
College and Hospital (in short P.M.C.H.), Patna by
which respondent authorities in complete violation
of the terms of the advertisement, allotted the work
to Private Respondent no.6 i.e. M/s S.D. Medical
System who was not even fit for selection in
Technical bid but on extraneous consideration, the
respondent authorities, violating the term and
condition as mentioned in tender notice dated
Patna High Court CWJC No.20549 of 2019 dt.12-12-2022
29.05.2018 made selection vide order dated
09.08.2018 which is against the law and thus entire
selection process is not tenable in the eye of law,
hence fit to be set-aside/quashed.
(b) Issuance of writ in the nature of Mandamus
commanding the respondents to declare the
petitioner as success full tenderer who has the
lowest price amongst other qualified tenderer who
fulfill all the terms and conditions as defined under
the Advertisement dated 29.05.2018.
(c) The respondents further be directed to issue
work order in favour of the petitioner after
cancellation of allotment of work dated 09.08.2018
to the Private respondent no.6
d) To grant any other relief/ reliefs for which the
petitioner is entitled be awarded to him."
Learned counsel for the petitioner states that, with
the passage of time, the present petition has become
infructuous, inasmuch as the tender period stands expired.
As such, the present petition stands dismissed,
having become infructuous.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
sujit/chn
AFR/NAFR
CAV DATE
Uploading Date 17.12.2022
Transmission Date
