Patna High Court
Vats Infratech Pvt. Ltd vs The State Of Bihar on 21 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3693 of 2023
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Vats Infratech Pvt. Ltd. Builder, Contractor and Supplier, Sukanto Palli Gati
Bazaar, Ward No. 33, Siliguri, 734007, West Bengal through its Director
Sourav @ Shekhar, aged about 30 Years, Son of Rampreet Kunwar, Resident
of Village-Majirwakhurd, P.S.-Misir Batraha, District-Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Rural Works
Department, Government of Bihar, Patna.
2. The Additional Chief Executive Officer-Cum-Secretary, Bihar Rural Road
Development Agency, Patna.
3. The Engineer-In-Chief, Rural Works Department, Government of Bihar,
Patna.
4. The Chief Engineer, Rural Works Department, Bihar, Patna.
5. The Superintending Engineer, Rural Works Department, Bihar, Patna.
6. The Executive Engineer, Rural Works Department, Work Division,
Kishanganj-2.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Respondent/s : Mr. Kumar Alok (SC7)
Mr. Rakesh Kumar, AC to SC-7
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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 : 21-03-2023
In the instant petition, petitioners has prayed for the
following reliefs:-
"i. For setting aside the decision
of the Technical Bid Committee dated
30.01.2023 relating to Package No. BR
18P 3R 58- MRL 33 Khutamani Path
(Tulsi Bhitta to Jangal Bhitta Malkata)
Patna High Court CWJC No.3693 of 2023 dt.21-03-2023
Tender ID- 122419, arising out of NIT
No. RWD/PMGSY/HQ/ ET/ 2022-23 / 33
wherein the petitioner has been declared
ineligible/disqualified in terms of SBD
clause 4.2 (i) & 4.7 (1) for the reason the
petitioner had filed one writ application
bearing CWJC No. 16341/ 2022 but had
not disclosed the same in his affidavit
relating to pending litigation.
ii. For that the petitioner further
prays for setting aside the subsequent
decision of the Technical Bid Committee
dated 06.02.2023 whereby the respondent
authorities without even considering the
objection of the petitioner again declared
ineligible disqualified and further
recommended for re- tendering for
reason that only one tenderer remained
qualified.
iii. For any other relief/reliefs for
which the petitioner may be deemed
entitled to."
1. Petitioner's technical bid was rejected for non-compliance
of the 4.2 which reads as under:-
"4.2 All bidders shall include the
following information and documents
with their bids in Section 3, Qualification
Information unless otherwise stated in
the Appendix to ITB:
Patna High Court CWJC No.3693 of 2023 dt.21-03-2023
(a) copies of original documents
defining the constitution or legal status,
place of registration, and principal place
of business; written power of attorney of
the signatory of the Bid to commit the
Bidder:
(b) total monetary value of civil
construction works performed for each of
the last five years;
(c) experience in works of a
similar nature and size for each of the
last five years, and details of works in
progress or contractually committed with
certificates from the concerned officer
not below the rank of Executive Engineer
or equivalent;
(d) evidence of ownership of
major items of construction equipment
named in Clause 4.4 B (b) (i) of ITB or
evidence of arrangement of possessing
them on hire/lease/buying as defined
therein.
(e) details of the technical
personnel proposed to be employed for
the Contract having the qualifications
defined in Clause 4.4 B(b) (ii) of ITB for
the construction.
(f) reports on the financial
standing of the Bidder, such as profit and
loss statements and auditor's reports for
the past three years;
Patna High Court CWJC No.3693 of 2023 dt.21-03-2023
(g) evidence of access to line(s) of
credit and availability of other financial
resources/ facilities (10 percent of the
contract value) certified by banker (the
certificate being not more than 3 months
old.)
(h) authority to seek references
from the Bidder's bankers;
(i) information regarding any
litigation or arbitration during the last
five years in which the Bidder is
involved, the parties concerned, the
disputed amount, and the matter;
(j) proposals for subcontracting
the components of the Works for
construction/up-gradation, aggregating
to not more than 25 percent of
the Contract Price; and subcontracting
of part/full routine maintenance
of roads after completion of construction
work.
(k) the proposed programme of
construction and Quality Management
Plan proposed for completion of the work
as per technical specifications and within
the stipulated period of completion."
(under line supplied)
2. It is undisputed fact that CWJC No. 16341 of 2022 was
pending consideration as on 30.01.2023. It is to be noted that last
date of submission of application for tender bid was 10.01.2023.
Patna High Court CWJC No.3693 of 2023 dt.21-03-2023
Therefore, one has to draw inference that CWJC No. 16341/2022
litigation was pending consideration insofar as petitioner is
concerned as on 10.01.2023. In not revealing or disclosing pending
litigation of CWJC No. 16341 of 2022 as on last date of submission
of tender application on 10.01.2023. Therefore, we find no infirmity
in the impugned action of the concerned respondent in rejecting the
petitioner's technical bid.
3. Accordingly, writ petition stands dismissed.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
Daya/
Himanshu/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.03.2023
Transmission Date NA
