M/S Nonpareil Constructions Llp vs The State Of Bihar
2023 Latest Caselaw 5529 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7081 of 2023
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M/s Nonpareil Constructions LLP, through its Designated Partner- Mr. Ranjan Kumar Singh, Male, Ages about 58 Years, S/o- Late Chunnu Prasad Singh, having its registered office at New Area, Old Hospital Road, Civil Lines, Urban Buxar, P.S.- Buxar, Bihar- 802101, R/o- Village and Post- Chaugain, P.S.- Murar, District- Buxar, (802115), Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Building Constructions Department, Government of Bihar, Vishwashriya Bhawan, Bailey Road, Patna, Bihar.

2. The Engineer-In-Chief, Building Constructions Department, Government of Bihar, Vishwashriya Bhawan, Bailey Road, Patna, Bihar.

3. The Chief Engineer (Patna), Building Constructions Department, Government of Bihar, Vishwashriya Bhawan, Bailey Road, Patna, Bihar.

4. The Planning Engineer, Patliputra Building Division, Building Constructions Department, Government of Bihar, Vishwashriya Bhawan, Bailey Road, Patna, Bihar.

5. The Superintending Engineer, South Bihar Building Circle, Building Constructions Department, Government of Bihar, Vishwashriya Bhawan, Bailey Road, Patna, Bihar.

6. The Executive Engineer, Patliputra Building Division, Rajvanshi Nagar, Patna, Bihar.

7. Engineer-in-Chief, Technical Examiner Cell, Vigilance Department, 4th Floor Suchana Bhawan Opp., New Secretariat, Patna, Bihar- 800015.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ankur Apurv Singh, Advocate For the Respondent/s : Mr. P.K. Shahi, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 06-11-2023

In the instant petition the petitioner has prayed for the

following reliefs:-

Patna High Court CWJC No.7081 of 2023 dt.06-11-2023

(a) For issuance of a writ in the nature of certiorari for quashing and setting aside the arbitrary discharge of tender vide letter no.-

Building/Chief Engineer(W) Planning Department-1-52/ 2022/ 732(P), Patna, dt.- 19/04/2023 in connection with E-NIT No.- 01/Patliputra Building Division/22-23 which is having its PR Number as 11515 (Building) 2022- 23 which was published in Dainik Jagran and Hindustan News Paper dt.- 07/12/2022 by the respondents.

(b) For issuance of a writ in the nature of certiorari for quashing and setting aside the effect of last Corrigendum issued vide PR No.- 1643 (BCD) 2022-23.

(c) For issuance of a writ in the nature of certiorari for quashing and setting aside the E- NIT No.- 01/Patliputra Building Division/22-23 which is having its PR Number as- 11515 (Building) 2022-23 which was published in Dainik Jagran and Hindustan News Paper dt.- 07/12/2022 by the respondents.

(d) For issuance of a writ in the nature of certiorari for quashing and setting aside the effect or any further proceedings initiated or pending with respect to the E-NIT No. 01/Patliputra Building Division/22-23 which is having its PR Number as 11515 (Building) 2022- 23 dated 07.12.2022 as clause 04 of the said NIT is violated itself by the respondent authorities.

(e) For issuance of a writ in the nature mandamus for directing the respondent authorities to not to further initiate any proceeding with respect to the same tender proceeding till the disposal of this suit.

(f) For issuance of a writ in the nature mandamus for directing the respondent Patna High Court CWJC No.7081 of 2023 dt.06-11-2023

authorities to not to further initiate/float any fresh tender with respect to the same work which is pending before this Hon'ble Court.

(g) For issuance of a writ in the nature mandamus for directing the respondent authorities to consider the petitioner to participate in the Financial Bid and also participate in the lottery as well.

(h) For issuance of a writ in the nature of mandamus for directing the respondent no. 07 to initiate enquiry against the arbitrary and unlawful discharge of tender by the respondent no. 3, 4, 5 and 6;

(i) For any other relief(s) which the petitioner is deemed to be entitled in the facts and circumstances of this case.

2. At the time of admission of the present matter interim

order was not granted on account of the fact that public interest

would suffer. Respondents have filed counter affidavit on

10.07.2023. As on 10.07.2023, certain developments has taken

place to the extent that technical bid has attained finality and

agreement was entered by the official respondents with one

Manish Kumar and the same has not been highlighted in the

counter counter affidavit whether it is a bonafide mistake or the

very object of suppressing the material is not forthcoming.

3. Coming to the merits of the case, the petitioner has

assailed the impugned order/decision on the score that there is no

provision for award of marks/points at the time of technical

evaluation. In this regard, we have apprised the State-Respondents Patna High Court CWJC No.7081 of 2023 dt.06-11-2023

counsel time and again, even though they have filed two

supplementary counter affidavits. However, they have not apprise

this Court with any material information to the extent that at the

time of technical bid evaluation the concerned authorities were

required to adhere to the principle of award of marks/points to

various issues before finalizing the technical bid evaluation. To

that effect there are no material or information or instruction given

to the respective bidders. On the other hand, they have taken such

information from the internal communication of the Chief

Engineer. We find, that any material taken behind the back of the

petitioner and other bidders in so far as adoption of certain

procedure in so far as evaluation of technical bid. That apart the

official respondents have not approached this Court with a clean

hands in not giving factual aspects of the matter as on the date of

filing of the first counter affidavit on 10.07.2023 to the extent that

bid was finalized and work was allotted to one Manish Kumar. It is

also submitted that Manish Kumar has already executed the work

and he had time till December, 2023. The tenure of the work is for

a period of six months. The work was allotted to Manish Kumar in

the month of June, 2023 such allotment of work in favour of the

Manish Kumar and procedure adopted by the official respondents. Patna High Court CWJC No.7081 of 2023 dt.06-11-2023

In so far as technical bid evaluation is concerned, to the extent of

award of marks or poinse is an extraneous procedure.

4. Taking note of these facts and circumstances at this

stage, petitioner is not entitled to relief sought in the present writ

petition in view of a later development that Manish Kumar has

been allotted work and he is almost completed the allotted work.

Prima-facie, there may be a collusion among the official

respondents and the Manish Kumar, since they have adopted

extraneous method which was not made known to the respective

bidders. Further, we have noticed that the petitioner has failed to

implead Manish Kumar as a necessary and proper party. On this

issue, learned counsel for the petitioner submitted that petitioner's

were not made known in so far as allotment of work to one Manish

Kumar. Further, in their counter affidavit they have not indicated

that work has been allotted to Manish Kumar so as to implead

Manish Kumar as necessary and proper party.

5. Taking note of these facts and circumstances, it is a

case warranting for award of cost in favour of the petitioner. Cost

has been quantified to Rs. 1,00,000/- (One Lakh). Cost shall be

paid to the petitioner by the official respondents within a period of

eight weeks from today.

Patna High Court CWJC No.7081 of 2023 dt.06-11-2023

6. Learned counsel for the respondents submitted that in

so far as pleadings of agreement and allotment of work in favour

of Manish Kumar was made known to this Court only on

11.09.2023 in the 3rd supplementary counter affidavit, the same has

taken note of.

7. CWJC No. 7081 of 2023 stands disposed of.

(P. B. Bajanthri, J)

(Ramesh Chand Malviya, J)

Anand Kr./Brajesh Kr.

AFR/NAFR
CAV DATE
Uploading Date                08.11.2023
Transmission Date