M/S B. Rai Construction Company, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1350 of 2022 ====================================================== M/s B. Rai Construction Company, Through its Managing Partner Namely Shailendra Rai, aged about 52 years, (Male), Son of Bashisth Rai, Flat No. 02 - IInd Floor Gupteshwar Complex Bekar Bandh, Dhanbad, P.S. Dhanbad, District- Dhanbad (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar, Through the Principal Secretary, Department of health Government, of Bihar, Patna.

2.

The Managing Director, Bihar Medical Services Infrastructure Corporation Limited, 4th Floor Bihar State Building Construction Corporation Limited Building Hospital, Road Shastri Nagar, Patna - 80023. 3.

The Chief General Manager, (Project) Bihar Medical Services Infrastructure Corporation Limited, 4th Floor Bihar State Building Construction Corporation Limited Building Hospital, Road Shastri Nagar, Patna - 80023. 4.

Lallan Kumar and SSC (JV) Bhagalpur Through Lallan Kumar, Son of Mahendra Prasad Singh, Resident of Village - Adampur, P.S. Adampur, District- Bhagalpur.

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

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Respondent/s :

Mr.Ramadhar Singh (GP 25) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-03-2022 Petitioner has prayed for the following relief(s): "For issuance of an appropriate writ(s), order(s), direction(s) for quashing the decision of the financial bid committee of Bihar State Medical Services Infrastructure

Patna High Court CWJC No.1350 of 2022(2) dt.07-03-2022 2/3 Corporation limited dated 17.12.2021 relating to the allotment of construction of extension as Model Hospital of District Hospital Rohtas (Group No.01 of the notice inviting tender No.21 of 2021 dated 09.09.2021) as the decision taken by the financial bid committee of Bihar medical Services Infrastructure Corporation limited to allot the aforesaid work i.e. extension Model Hospital of District Hospital, Rohtas has been taken without considering/ignoring the fact that Lallan Kumar & SSC (JV) Bhagalpur in favour of whom the decision has been taken to allot the work does not qualifies to participate in financial bid as required information given by him and documents furnished in support of clause 4.3 (f) and 4.

5A(a) of the instructions for bidders was not proper, and further for a direction to the respondent authorities to allot the aforesaid work in favour of the petitioner who is the second lowest tenderer and further for any other relief(s) for which the petitioner is found entitled in the facts and circumstances of the present case."

Learned counsel for the petitioner, under instructions, states that, in view of the intervening developments, the petition may be permitted to be withdrawn.

Prayer allowed.

Petition is disposed of as withdrawn.

Patna High Court CWJC No.1350 of 2022(2) dt.07-03-2022 3/3 Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS U