Patna High Court
M/S Sis Limited vs State Of Bihar on 23 January, 2024
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.891 of 2024
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M/s SIS Limited a company registered under the Companies Act, 1956,
having its registered office at Annapoorna Bhawan, Patliputra Telephone
Exchange Road, Kurji, Patna, Bihar - 800010, through its Authorized
Representative/Signatory, Mr. Upendra Kumar Singh, Associate Vice
President, aged about 55 years, S/o Late Shiv Kumar Singh, R/o H.No. A- 4,
Vigyan Vihar Colony, Near Air Strip P.S. Barwadda, Dhanbad, Jharkhand-
826004.
... ... Petitioner/s
Versus
1. State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. Indira Gandhi Institute of Medical Sciences (IGIMS), through its Director,
having its office Sheikhpura, Patna - 800014, Bihar.
3. Bihar State Electronics Development Corporation Limited (BELTRON)
through its Managing Director, having its registered office at Beltron
Bhawan P.S. Shashtri Nagar, Patna, Bihar, India, 800023.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mrigank Mauli, Senior Advocate
Mr. Brisketu Sharan Pandey, Advocate
Mr. Anupam Kishore Sinha, Advocate
For the Respondent No.1: Mrs. Binita Singh, Standing Counsel- 28
For the Respondent No.2: Mr. Sunil Kumar Singh, Advocate
For the Respondent No.3: Mr. Girijesh Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-01-2024
The petitioner is concerned with the Notice Inviting
Tenders having E-Tender Notice No.02/Watch & Ward
Services/2023-24/MS Cell and E-Tender Notice No.03/Watch &
Ward Services/2023-24/MS Cell for which the last date of
Patna High Court CWJC No.891 of 2024 dt.23-01-2024
2/3
uploading the bids was 30.10.2023.
2. Learned Senior Counsel appearing for the petitioner
based on Annexure-P/7 submits that it has been admitted that on
30.10.2023
between 3:36 PM to 5.:35 PM, due to technical
reasons, the portal was down and there could not have been any
uploading of tenders.
3. We have to notice that the tender documents were
to be submitted during a period which started from 12.10.2023
and up to 30.10.2023. There is no reason why the petitioner
tried to upload his tender at the last moment. Yet again, we see
that the writ petition has been filed on 16.01.2024 after about
four months. When we enquired with the learned Government
Pleader as to the stage at which the tender is, it has been
submitted that the tender is at the stage of opening of financial
bid.
4. We see absolutely no reason to interfere with the
tender proceedings.
5. Learned Senior Counsel appearing for the petitioner
submits that a representation had been filed before the authority,
but that does not absolve the petitioner from approaching this
Court immediately since it is a tender process which cannot be
stalled on the unsuccessful uploading on such specious reasons.
Patna High Court CWJC No.891 of 2024 dt.23-01-2024
The whimsical arguments raised with delay, cannot be allowed
for invocation of the extraordinary, discretionary remedy. This is
a fit case to deny exercise of discretion.
6. The writ petition is dismissed in limine.
(K. Vinod Chandran, CJ)
(Rajiv Roy, J)
Sunil/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 23.01.2024
Transmission Date
