Patna High Court
M/S Sri Vishnu Hari Infracon Pvt. ... vs The State Of Bihar on 24 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10125 of 2023
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M/s Sri Vishnu Hari Infracon Pvt. Ltd. having its Registered Office at Ward
No. 15, Budha Colony, Ander Kila, P.S Sadar, District Vaishali, Bihar through
its Director Deepak Kumar, aged about 41 years, male, son of Late Harish
Chandra Singh, resident of Ward No. 15, Budha Colony, Ander Kila, P S
Sadar, District Vaishali, Bihar.
... ... Petitioner/s
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 Chief Engineer, Rural Works Department, Government of Bihar, Patna.
4. The Superintending Engineer, Rural Works Department, Works Cirlce,
Muzaffarpur cum Chairman Technical Bid Evaluation Committee,
Muzaffarpur, Bihar.
5. The Executive Engineer, Rural Works Department, Works Division,
Muzaffarpur, East- 1, District- Muzaffarpur, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan, Advocate
For the Respondent/s : Mr. S.K. Mandal, SC 3
Mr. Bipin Kumar, AC to SC 3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 24-07-2023
Re: I.A. No. 01 of 2023
Heard I.A. No. 01 of 2023 for amendment in
prayer/relief portion.
2. For the reasons stated in the application and affidavit,
I.A. No. 01 of 2023 stands allowed.
Patna High Court CWJC No.10125 of 2023 dt.24-07-2023
3. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That this is an application on
behalf of the petitioner above named seeking
issuance of appropriate writ, rule or direction
upon the Respondents for finalization of the
Tender process followed by issuance of Letter
of Award and Execution of the Agreement in
connection with the construction work of T30-
NH 103, Thanipar Jandaha Path T03 to Daud
Nagar Ghat Shiv Mandir Brahsthan Hote,
Badai Tola Hote, Ajamat Sima, Package No.
BR36P3R25 for which financial Bid has
already been opened on 09.02.2023.
(I - ii) That this writ application is
also for quashing of the consequential
Order/Decision bearing Memo No. BRRDA
(HQ-PMGSY-219/1846 dated 14.07.2023) in
so far as its relates to the petitioner at Serial
No. 1 by which the Notice Inviting Tender No.
RWD/PMGSY/HQ/ET/22-23/33 RWD 22-23
has been cancelled without assigning any
reasons purportedly on administrative grounds;
(I-iii) For issuance of direction to
the Respondent Authorities to execute the
agreement with the petitioner with respect to
Notice Inviting Tender No. RWD/PMGSY/HQ
ET/22-23/33 RWD 22-23 at Serial No. 78 for
which the financial bid has already been
opened and the petitioner has been declared as
lowest bidder i.e. L -1."
Patna High Court CWJC No.10125 of 2023 dt.24-07-2023
4. Learned counsel for the petitioner submitted that
abruptly a Corrigendum has been issued for cancellation of tender.
It is necessary to reproduce Annexure - 5 to the Interlocutory
Application dated 14.07.2023 which reads as under:
5. Perusal of the contents of the Annexure- 5 dated
14.07.2023, no reasons have been specified as to why tender was
Patna High Court CWJC No.10125 of 2023 dt.24-07-2023
cancelled. On the other hand, at item number 16 it has been stated
that 'are hereby cancelled due to administrative reasons'.
6. Merely mentioning 'due to administrative reasons' is
not sufficient and it is only conclusive and it is not supported by
actual reasons, therefore, there is total non-application of mind in
issuing Corrigendum for cancellation of tender dated 14.07.2023
vide Annexure - 5 to the Interlocutory Application. The same is set
aside and the matter is remanded to the Engineer-in-Chief, Rural
Works Department, Bihar, Patna to proceed with the fresh detailed
reasoned/speaking order to be passed for cancellation of tender, if
it is warranted. The above exercise shall be completed within a
period of one month from the date of receipt of copy of this order.
7. With the above observations, writ petition stands
allowed.
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.07.2023
Transmission Date NA
