Patna High Court
Vineet Kumar vs The State Of Bihar on 21 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1672 of 2022
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Vineet Kumar Son of Suresh Prasad Singh Resident of Ward no.01, Sihma
North, Near Shiv Mandir, Sihman NBarari, P.O. and P.S.-Begusarai, District-
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Building Construction
Department, Government of Bihar.
2. The Principal Secretary Building Construction Department Government of
Bihar, Patna.
3. The Engineer-in-Chief Building Construction Department, Government of
Bihar, Patna.
4. The Chief Engineer, (North) Building Construction Department Government
of Bihar,Patna.
5. The Superintending Engineer, Building Circle, Darbhanga.
6. The Executive Engineer, Building Division, Begusarai
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Alok Ranjan, Advocate
For the Respondent/s : Mr.Syed Iqbal Ahmad, SC-20
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-03-2022
Petitioner has prayed for the following relief(s):
"I. For quashing letter no. 80
dated 12.01.2022 issued under the
signature of the Chief Engineer (North)
Building Construction Department
Government of Bihar whereby and where
under a decision has been taken for
cancellation of NIT no. 06/ Begusarai/
Patna High Court CWJC No.1672 of 2022 dt.21-03-2022
2021-22 for Fire Fighting work in Block
Information Technology Center Building,
in Bachhawara, Begusarai, and a direction
has been issued for issuance and
publication of fresh NIT after deleting
Clause 11 of NIT.
II. For directing and
commanding the respondent authorities to
consider the tender process and after
taking into consideration that the
petitioner has qualified in the Financial
Bid as well the work in question may be
awarded in favor of petitioner.
III. For declaration that the
decision of the authority dated 12.01.2022
is totally biased as against the petitioner,
illegal, arbitrary, as well as colorable
exercise of power.
IV. For directing an
commanding the respondent authorities to
award the work in favor of the petitioner
as after opening of financial bid he was
the lowest bidder (L1) and for entering
into agreement with the petitioner and to
allow the petitioner to complete the work.
V. For any other relief or
reliefs for which the petitioner is entitled
under law in the facts and circumstances
of the present case."
N.I.T. for consideration of works of civil
Patna High Court CWJC No.1672 of 2022 dt.21-03-2022
nature was issued in which the petitioner participated.
However, the said N.I.T. was withdrawn vide impugned
order dated 12th of January, 2022 (Annexure-3, page 17).
It is contended that petitioner is fully
compliant and also his bid is the lowest.
Well, participation in the bid does not confer
any vested right upon the bidder and, as such, no
mandamus can be issued to the authorities to direct them
to award the work in terms of the N.I.T. to the petitioner.
We are informed that fresh bidding process
stands initiated and the last date for submission of the bid
is today. It is open for the petitioner to participate therein
by complying with the conditions contained in the N.I.T.
Insofar as the refund of the security/any other
amount in relation to the previous N.I.T. is concerned,
since the cancellation is not germane to the act and
conduct of the petitioner, the respondent shall take steps
for early release thereof.
Needful be positively done within a period of
four weeks.
Petition is disposed of in the aforesaid terms.
Patna High Court CWJC No.1672 of 2022 dt.21-03-2022
Interlocutory application(s), if any, shall also
stand disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/DKS
AFR/NAFR
CAV DATE
Uploading Date 23.03.2022
Transmission Date
