Patna High Court
Ram Balak Kumar @ Rambalak Kumar vs The Bihar State Warehousing ... on 21 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18363 of 2022
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Ram Balak Kumar @ Rambalak Kumar Son of Sri Jageshwar Yadav Resident
of Village- Patuana, Police Station- Bihar Sharif, District- Nalanda having its
local office.- Mohalla- Khajasarai, Police Station- Laheri Sarai, District-
Darbhanga.
... ... Petitioner/s
Versus
1. The Bihar State Warehousing Corporation having its Head Office at Block
B-2, 1st Floor, Maurya Lok Complex, P.S.- Kotwali, District- Patna through
its Managing Director,
2. The Managing Director, Bihar State Warehousing Corporation having its
Head Office at Block B-2, 1st Floor, Maurya Lok Complex, P.S.- Kotwali,
District- Patna.
3. The Centre In-Charge, Bihar State Ware Housing Corporation, Singheshwar
Asthan, Madhepura.
4. The General Manager (R), Food Corporation of India, Arunachal Bhawan,
4th Floor, Exhibition Road Area, Near Exhibition Road Chauraha, Patna-
800001.
5. The Divisional Manager, Food Corporation of India, Saharsa, Bihar.
6. J.M.D. Enterprises through its Proprietor Umesh Kumar Jaiswal S/o Late
Ram Narayan Lal, Mohalla- Indrapuri, Road no. 2A/51, Text Book Colony,
P.S.- Patliputra, District- Patna, (Reg. No. BUSS/CORD/2021-22/TH-93.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Binod Singh, Advocate
For the Respondent No. 1-3: Mr. Mithilesh Kumar Rai, Advocate
For the Respondent No. 6: Mr. Satyendra Narayan Singh, Advocate
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Patna High Court CWJC No.18363 of 2022 dt.21-07-2023
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 21-07-2023
1. Learned counsel for the petitioner is hereby
permitted to delete the Respondent Nos. 7 and 8 during the
course of the day, since the petitioner is of the view that they are
not the necessary and proper party to this proceeding.
2. In the instant petitioner, petitioner has prayed for
the following relief:
" a. For issuance of an appropriate
Writ/s, order/s, direction/s in the nature of
certiorari quashing the said decision of the
Respondent Bihar State Warehousing Corporation
by which the Tender pursuant to (Notice Inviting
Tender) NIT No. TH-01/2021-22 for appointment
of Transporting & Handling Contractor to carry
out Handling & Transporting works attached to
Singheshwar Asthan Warehousing Centre has been
allotted in favour of Respondent No. 6.
b. For issuance of an appropriate
Writ/s, order/s, direction/s in the nature of
certiorari quashing the Letter of Award
(hereinafter referred to as LOA) and consequent
execution of contract Agreement by the Respondent
Patna High Court CWJC No.18363 of 2022 dt.21-07-2023
Bihar State Ware Housing Corporation in favour of
Respondent No. 6 pursuant to its Notice Inviting
Tender (NIT) No. TH 01/2021-22 and consequently
declare the said LOA and Contract Agreement to
be null & void and inoperative and forfeit the
earnest money as well as security deposit amount
and blacklist the Respondent No. 6 from future
participation in any Bid.
c. For issuance of an appropriate
Writ/s, order/s, direction/s in the nature of
certiorari quashing the work order as
communicated by the Managing Director of Bihar
State Warehousing Corporation to the Respondent
No. 6 by letter bearing no. 249 dated 28.01.2022
by which Respondent No. 6 has been appointed as
Transporting & Handling Contractor for the
period of Agreement i.e. 01.02.2022 - 31.01.2024.
d. For issuance of an appropriate
Writ/s, order/s, direction/s in the nature of
Mandamus commanding the Respondent Bihar
State Ware Housing Corporation to reconsider the
entire bids pursuant to Notice Inviting tender (NIT)
No. TH 01/2021-22 and award the contract in its
favour and appoint the Petitioner as Transporting
& Handling Contractor to carry out handing and
transporting works attached to BSWC Singheshwar
Asthan Warehousing Centre as the petitioner is the
sole Bidder who fulfills all the terms of MTF and
duly qualifies for the aforesaid Bid.
e. For issuance of an appropriate Writ in
Patna High Court CWJC No.18363 of 2022 dt.21-07-2023
the nature of certiorari quashing the Registration
of the respondent no. 6 with the Bihar State
Warehousing Corporation bearing Registration
No. BUSS/CORD/2021-22/TH-93.
f. For issuance of any other
order/orders or relief/reliefs for which the
Petitioner may be found to be entitled in the facts
and circumstances of the case."
3. Learned counsel for the petitioner submitted that
the present matter is identical to that of Naveen Kumar Singh
Case decided on 10.07.2023 in CWJC No. 13501 of 2022. It is
also submitted that the 6th Respondent- JMD Enterprises is
common in the Naveen Kumar Singh case (supra) and the
present case. It is also submitted that NIT is common. Only the
places of godown are different .
4. In the light of the judgment in Naveen Kumar
Singh, the present petition stands Allowed, by quashing the
order dated 28.01.2022.
4. At this stage, learned counsel for the Corporation
submitted that the Corporation have taken a decision to de-
hiring of BSWC Singheshwar Godown (2300 MT). Therefore,
the present petition does not survive for consideration.
5. Such submission cannot be accepted for the
reason that the 6th Respondent has already executed the work
Patna High Court CWJC No.18363 of 2022 dt.21-07-2023
from the date of issuance of work order. In the event of non-
execution of any work by the 6th Respondent insofar as the
present case relating to BSWC Singheshwar Godown as on
today and the same shall not be renewed to the benefit of the 6th
Respondent with reference to subject matter of NIT. At best, the
concerned Respondent Corporation is permitted to proceed with
a fresh NIT, if it is warranted.
5. With the above observation, the present writ
petition is Allowed.
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
skm/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.07.2023
Transmission Date NA
