Patna High Court
Baijnath Nirman India Pvt. Ltd. ... vs The State Of Bihar And Ors on 10 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12254 of 2015
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1. Baijnath Nirman India Pvt. Ltd. through its Managing Director, namely,
Niranjan Keshav S/o Sri Baijnath Prasad Sharma Resident of East Gandhi
Maidan, P.S. District Jehanabad.
2. Niranjan Keshav S/o Sri Baijnath Prasad Sharma Resident of East Gandhi
Maidan, P.S. District Jehanabad.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Secretary, Minor Water Resources
Department, Govt. of Bihar, Patna
2. The Secretary, Minor Water Resources Department, Govt. of Bihar, Patna.
3. The Chief Engineer, Minor Water Resources Department, Govt. of Bihar,
Patna.
4. The Superintending Engineer, Minor Water Resources Department, Govt. of
Bihar, Patna.
5. The Executive Engineer, Minor Irrigation Division, Jehanabad, District
Jehanabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s :
For the Respondent/s : Mr. Rakesh Prabhat, AC to SC 21
Ms. Anuradha Singh, SC 21
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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 : 10-05-2023
Matter is of the year 2015.
2. None appears on behalf of petitioners.
3. In the instant petition, petitioners have prayed for the
following reliefs:
"(A) For quashing the part of the order
dated 16.03.2015 as contained in Annexure - 7 by
Patna High Court CWJC No.12254 of 2015 dt.10-05-2023
which allotment of fund of two schemes i.e. work of
Sulic Gate in Village and construction of R.C.C.
Bridge over Dharnai Paine in Benipur Road has not
been granted on the ground of paucity of the fund.
(B) For commanding the respondents
including the District Magistrate, Arwal to ensure the
agreement of work order for construction of Suilc Gate
in Village and construction of R.C.C. Bridge over
Dharnai Paine in Benipur Road which is the subject
matter of Tender Information Notice No. 01/13-14 as
contained in Annexure - in which the petitioner found
successful in technical bid and financial bid.
(C) Also for directing the Executive
Engineer, Minor Irrigation Division, Jehanabad to
enter into agreement with the petitioner with respect to
work of Suilc Gate in Village and construction of
R.C.C. Bridge over Dharnai Paine in Benipur Road
which are the subject matter of considering the
petitioner has been declared successful in the financial
bid and technical bid.
(D) Also for declaration the petitioner is
entitled to execute the work of Sulic Gate in Village
and construction of R.C.C. Bridge over Dharnai Paine
in Benipur Road which was the subject matter of
Tender Information Notice No. 07/13-14 after
agreement considering the petitioner has already
declared successful in technical bid and financial bid.
(E) Also for any other relief/reliefs for
which petitioner is found entitled in the eye of law and
in the facts and circumstances of the present case."
4. Petitioner - Baijnath Nirman India Pvt. Ltd. through
its Managing Director, namely, Niranjan Keshav is successful
bidder pursuant to the NIT for nine works whereas he has been
allotted seven works. For remaining two works, for want of fund,
it was not extended. Hence the present writ petition.
5. In the event of non-execution of those two works as
on this day and if department feels that those two works are
Patna High Court CWJC No.12254 of 2015 dt.10-05-2023
required to be executed at this distance of time, in that event
petitioners' grievance shall be considered. If the department have
already proceeded with the work with any other tender or dropping
the proposed construction, in that event necessary endorsement
shall be issued to the petitioners. Such a decision shall be taken by
the competent authority and it is to be communicated to the
petitioners within a period of three months from the date of receipt
of this order.
6. Accordingly, writ petition stands disposed off.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.05.2023
Transmission Date NA
