Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5850 of 2015 ====================================================== Sanjay Kumar, S/O Raqm yash Rai, Residence of Mohalla- East Gate of Jain College Ara, p.s.- Nawada, District- Bhojpur (Ara). .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary Minor Irrigation Department Government of Bihar, Vikash Bhawan, Beli Road, Patna.

3. The Super tending Engineer cum the Monitoring Superintending Engineer, Minor Irrigation Department, Government of Bihar, Vikas Bhavan, Beli Road, Patna.

4. The Chief Engineer Minor irrigation Department, Government of Bihar, Sekhpura Patna.

5. The superintending Engineer, Minor Irrigation Department government of Bihar, Minor Irrigation Office, Mithapur, Patna.

6. The Executive-Engineer Minor Irrigation Department, government of Bihar, Minor Irrigation Division, Buxer.

7. The Executive Engineer Minor irrigation Department, government of Bihar, Minor Irrigation Division Bhojpur, Ara. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Gopal Govind Mishra, Advocate For the State : Mr. Satyendra Kumar Jha, A.C. to G.P.3 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-05-2015 I have heard learned counsel for the petitioner and the State.

Petitioner is aggrieved by the rejection of his technical bid. It is submitted on behalf of the petitioner that he submitted his papers in response to the notice inviting tender nos.01/2014-15, 02/2014-15 and 03/2014-15. However, vide Annexure-4, he has been declared disqualified. It is submitted that so far N.I.T. No.1/2014-15 is

Patna High Court CWJC No.5850 of 2015 (2) dt.12-05-2015 2/2 concerned, it is not clear as to under what circumstances his technical bid has been rejected as has only been stated that he has been disqualified on evaluation. Learned counsel submits that the petitioner has already approached the Chief Engineer also in the matter but no decision has been taken as yet. It further submits that he has also approached the Principal Secretary, Minor Irrigation Department, Bihar, Patna vide Annexure-6 but it has not been intimated regarding any decision taken by him also. In the aforementioned facts and circumstances, this Court is inclined to dispose of this writ application directing the respondent no.4, i.e.

, the Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna to take a decision on its own merit and in accordance with law upon the representation filed by the petitioner against rejection of his technical bid within a period of four weeks from the date of receipt/production of a copy of this order. The decision taken should be immediately communicated to the petitioner.

(Dr. Ravi Ranjan, J) N.H./- U