Patna High Court
M/S Sai Shree Balajee ... vs The State Of Bihar And Ors on 17 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5216 of 2018
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M/s Sai Shree Balajee Construction And Developers Pvt. Ltd. Through Its
Director Shiv Narayan S/o Sri Roshan Lal Garg R/o R.P. Manson, 3rd mile,
Opp. Sona Wheels, P.O. - Salugarha - 734008, Ward No. - 42, P.S. -
Bhaktinagar, Dist. - Jalpaiguri, West Bengal.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Managing Director, BSEIDC Ltd. Shiksha
Bhavan, Saidpur, Near Kilkari, Patna.
2. The Chairman and all members of Tender Evaluation Committee, BSEIDC
Ltd. Shiksha Bhawan, Saidpur, Near Kilkari, Patna.
3. The Chief Technical Advisor, BSEIDC Ltd. Shiksha Bhawan, Saidpur, Near
Kilkari, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Girijish Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 17-03-2023
None appears for the petitioner.
2. In the instant petition, petitioner has prayed for
following reliefs:-
"i. For quashing the order of
disqualification of technical bid dt-
06.01.2018 and 22.01.2018, passed by the
tender evaluation committee in connection
with NIT No. 26 of 2017-18 dt-22.09.2017,
work no-l and NIT No-27 of 2017-18, dt-
26.09.2017,Work No-25 & 30 published by
Chief Technical Advisor, BSEIDC Ltd. Patna
and petitioner company had submitted above
tender along with other tender on 31.10.17
with all documents as well as quashing the
Patna High Court CWJC No.5216 of 2018 dt.17-03-2023
order of disqualification shown on the web
site dt.06.01.2018 and 22.01.2018 by which
the technical bids of the petitioner has been
disqualified on no nest ground saying that
Certificate of executed quantity required as
per 4.5(A)C not submitted though the
petitioner had submitted work experience in
which clearly mentioned executed quantity of
materials issued by Ex. Engineer, BSEIDC
Ltd. mentioning the value of work is
Rs.1,32,53,107.00. The petitioner company
had submitted 6 tender in above department
where the technical bids of three work
declared qualified but above noted three
technical bids of three works were declared
disqualified due to the choice of respondents.
Hence his technical bids is not responsive
and financial bid is not opened. Thus
disqualification of technical bids are bad in
law and Violation of Natural justice, and
hence it is not tenable in the eye of law, as
there was valid work experience and
sufficient quantity of materials certificate
submitted required under the NIT, and
Technical bids thus there was no reason to
disqualify the technical bid.
ii. Further for staying to open the
financial bids of above named work of NIT
both published through NIT No. 26 of 2017-
18 dt- 22.09.2017, work no-land NIT No-27
0f 2017-18, dt-26.09.2017 Work No-25 & 30
and after hearing the Petitioner be pleased to
quash the same as the petitioner's
disqualification is nonest and he is lowest
tenderer/bidder, so in the public interest also
without opening his financial bid, the tender
is illegal.
iii. For issuance of writ of
mandamus for directing the respondents
concerned to open the financial bid of the
petitioner bidder and to award the tender in
favour of petitioner if his bids found lowest
and till pendency of this writ application, and
after hearing the petitioner be further pleased
Patna High Court CWJC No.5216 of 2018 dt.17-03-2023
to direct the respondents concerned to open
his financial bid holding the technical bid of
the Petitioner unresponsive, under malafide
intention. They are just to award the tender of
their choice contractor and for this drama of
disqualification is played. Although the
petitioner bidder has quoted lowest below to
the scheduled rate.
iv. For declaring the action of the
respondent to be illegal and bad as without
following mandates of the principle of natural
justice as well as departmental letter no.
12876 (S) dt. 17.11.2006 which speaks that
before disqualifying the technical bid the
bidders must be noticed and heard, but
nothing has been done in the present case.
v. For granting any other relief/s
for which the petitioner be found entitled in
the eye of law."
3. There is no interim order. In the result, the present
petition has become infructuous in the light of the fact that
subject-matter of work is already stated to have been executed
within time-limit stipulated.
4. Accordingly, the present writ petition stands
dismissed having become infructuous.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
rakhi/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 21.03.2023
Transmission Date N.A.
