Patna High Court
M/S Kalsi Buildcon Pvt. Limited vs The Bihar State Power (Holding) Company ... on 25 March, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10119 of 2024
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M/s Kalsi Buildcon Pvt. Limited a Company within the meaning of section 2
(20) of the Companies Act, 2013, having its registered office at Manikarna
Tower, Kilburn Colony, Hinoo, Ranchi 834002 through its authorised
representative Mr. Balmukund Sharma, male, aged about 53 years s/o late
Dinesh Nandan Sharma resident of 2130/A9 (Opposite 3K29) Near Harmu
Pani Tanki, Harmu Housing Colony, P.S. Arghora, Doranda, Ranchi,
Jharkhand.
... ... Petitioner/s
Versus
1. The Bihar State Power (Holding) Company Limited Patna through its
Chairman-cum-Managing Director, Vidyut Bhawan, Bailey Road, Patna,
Bihar-800001.
2. The Chief Engineer (Civil), The Bihar State Power (Holding) Company
Limited, Vidyut Bhawan, Bailey Road, Patna, Bihar -800001.
3. RMS Techo Solutions (India) Private Limited, having its registered Office at
28, First Floor, Adarsh Complex, Sector - E, Jankipuram, Lucknow, Uttar
Pradesh-226021. Through the Managing Director.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajiv Kumar Singh, Sr. Adv.
Mr. Samir Kumar, Adv.
For the rspondent nos. 1and 2 : Mr. Umesh Prasad Singh, Sr. Adv.
Mr. Anand Kr. Ojha, Sr. Adv.
For respondent no. 3. : Mr Raju Giri, Sr. Adv.
Mr. Harshvardhan, Adv
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 25-03-2025
1. Heard Mr. Samir Kumar, learned Advocate for
the petitioner and Mr. Umesh Prasad Singh and Mr.
Anand Ojha, learned Senior Advocates for respondent
nos. 1 and 2 and Mr. Raju Giri, learned Senior Advocate
Patna High Court CWJC No.10119 of 2024 dt.25-03-2025
for respondent no. 3
2. The petitioner had participated in the technical
and financial bid but was declared L-2.
3. The respondent no. 3 was declared L-1.
4. Pursuant to such declaration, LOA was issued
to respondent no. 3, whereafter work order was also
given. The work has progressed and the respondent no. 3
is in contract with respondent nos. 1 and 2 for about a
year.
5. The learned counsel for the petitioner, by way
of supplementary affidavit, has submitted that one of the
conditions in the tender papers with respect to self
declaration was that a bidder had to have unblemished
record and ought not to have been declared ineligible for
corrupt and fraudulent practices either indefinitely or for a
particular period of time by any State/Central
Government/PSU/UT.
6. Though respondent no. 3 had filed an affidavit
of having an unblemished record, but the petitioner could
Patna High Court CWJC No.10119 of 2024 dt.25-03-2025
lay his hands on an information that the respondent no. 3
was, at one point of time, proposed to be blacklisted in
Uttarakhand in a paper leak case.
7. Such information on the basis of newspaper
extract, without any proof cannot be acted upon. That
apart, the petitioner would have had an opportunity of
contesting the self certification of respondent no. 3 (L1 )
which he did not.
8. Mr Raju Giri, the learned Sr. Advocate for
respondent no. 3, however, has pointed out that the
petitioner cannot maintain this petition as he himself has
been blacklisted by the State of Jharkhand.
9. However, considering the fact that the process
by which respondent no. 3 was chosen as L-1 is not found
to be flawed on any ground and information about
blacklisting of respondent no. 3. is rather vague for us to
take into account, we consider this petition to be
meritless. As a result, we dismiss the same.
10. The writ petition stands dismissed.
Patna High Court CWJC No.10119 of 2024 dt.25-03-2025
11. Interlocutory Application/s, if any, also stands
disposed of.
(Ashutosh Kumar, ACJ)
( Partha Sarthy, J)
sunilkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 27.03.2025
Transmission Date N/A
