Patna High Court
Rupesh Kumar And Anr vs The State Of Bihar And Ors on 10 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16691 of 2015
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1. Rupesh Kumar and Anr S/o Binod Kumar R/o - North Dahiyawan Tola,
Teacher Colony, Chapra 841301, PO - Chapra, PS - Chapra Town, District -
Chapra, Town - Chapra.
2. Rinku Kumar S/o Tripura Nand Singh R/o vill and PO - Bodha Chapra, Via -
Pratap Pur, Chapra 841301, PO and PS - Chapra District - Chapra.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar, Bihar,
Patna
2. The Principal Secretary, Public Health and Engineering Department, Bihar,
Patna.
3. The Chief Engineer Mechanical, Public Health Engineering Department,
Patna.
4. The Superintending Engineer Public Health Engineering Circle, Chapra.
5. The Executive Engineer, Public Health Division, Chapra.
6. The Project Director, Vishweshwaraiya Bhawan, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dharmesh Kumar Shrivastava, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP 14
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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
In the instant petition, petitioners have prayed for the
following reliefs:
"(i) To hold and declare that the petitioners
are fit and competent to participate in the tender
floated by the respondents and they must be allowed to
participate in bidding the tender so floated (annexure
no. - 4) since the "Bihar Enlistment of Contractor rule,
2007" has come into the existence, the respondents are
Patna High Court CWJC No.16691 of 2015 dt.10-05-2023
prohibited from the applying any terms not mentioned
in this rule. More so the "Bihar Enlistment of
Contractor rule, 1996" is infructuous. The respondents
demanding any requisite/pre-requisite given in
annexure no -5 from this rule would be violative and
would be a nullity in the eyes of law.
(ii) To hold and declare that since the
petitioners have deposited Rs. One Lac to secure the
registration under the "Bihar Enlistment of Contractor
rule, 2007", any deviation from the terms of this Rule
would be treated as cheating the petitioners. The
respondents would not be fair and competent to ask for
an experience and turnover of the petitioners when the
same is not prescribed in the "Bihar Enlistment of
Contractor rule, 2007".
(iii) To hold and declare that the since the
petitioners have taken registration under the "Bihar
Enlistment of Contractor rule, 2007", any deviation
from the terms of this Rule would stand as promissory
estoppels against the act of the respondents.
(iv) To hold and declare that the acts of the
concerned respondents were illegal, unfair,
unreasonable, arbitrary amounting to harassment and
mental agony to the petitioner attracting proper
compensation."
2. Due to passage of time the petitioners are not
interested in pursuing the reliefs sought in the present petition.
3. On the other hand, during pendency of the present
petition, petitioners are stated to have submitted representation for
refund of registration fees of Rs. 1 lakh along with interest. The
concerned authority is hereby directed to take note of and decide
Patna High Court CWJC No.16691 of 2015 dt.10-05-2023
the petitioners' grievance within a period of two months from the
date of receipt of this order. In the light of the alleged fact that NIT
was contrary to State Government Policy decision in respect of
small time contractors read with the fact that in the NIT authorities
have insisted for production of experience certificate, which is
stated to be contrary to the State Policy decision.
4. Accordingly, writ petition stands disposed of.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.05.2023
Transmission Date NA
