Manoj Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4200 of 2015 ====================================================== Manoj Kumar son of Ravindra Kr. Singh, resident of village- Kayasth Toli, (Takiyapar), P.S.- Danapur, District- Patna .... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Building Construction Department, Government of Bihar, Patna,
2. The Principal Secretary, Building Construction Department, Govt.of Bihar, Patna.,
3. The Chief Engineer, Building Construction Department, Patna,
4. The Superintending Engineering, South Bihar Circle, B.C.D. Patna,
5. The Estimate Officer, B.C.D. Patliputra Division, Patna,
6. The Executive Engineer, Patliputra Division, B.C.D. Patna, .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.4244 of 2015 ====================================================== Dilip Kumar Sinha son of Kamta Prasad Sinha, resident of MohallaLodipur, P.O.- Chandmari, P.S. - Shahpur, District- Patna, .... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Building Construction Department, Government of Bihar, Patna,
2. The Principal Secretary, Building Construction Department, Government of Bihar, Patna,
3. The chief Engineer, Building Construction Department, Patna,
4. The Superintending Engineer, South Bihar Circle, B.C.D. Patna,
5. The Estimate Officer, B.C.D. Patliputra Division, Patna,
6. The EXecutive Engineer, Patliputra Division, B.C.D. Patna, .... .... Respondents ====================================================== Appearance :
(In CWJC No.4200 of 2015) For the Petitioner : Mr. Dinesh Choudhary, Advocate Mr. Prafulla Chandra Thakur, Advocate For the State : Mr. Vivekanand Singh, AC to GA8 (In CWJC No.4244 of 2015) For the Petitioner : Mr. Dinesh Choudhary, Advocate Mr. Prafulla Chandra Thakur, Advocate For the State : Mr. Shiv Kumar, AC to GA 7 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 31-03-2015 Heard learned counsel for the petitioners and the State. In both the writ petitions, the grievance of the petitioners
Patna High Court CWJC No.4200 of 2015 (2) dt.31-03-2015 is that even though they were the lowest bidders, by publishing a notice dated 06.12.2014 inviting the attention of general public, the concerned tenders have been cancelled. The petitioners, thereafter, approached the Superintending Engineer who had directed the Executive Engineer to explain as to under what circumstances the concerned tenders were cancelled but nothing has been done till date. The petitioners had also moved the Secretary, Building Construction Department, Government of Bihar, Patna by filing their respective representations dated 31.12.2014 and 17.01.2015. In the aforementioned facts and circumstances of the case, without going into the merit of the case, these writ applications are being disposed of with a liberty to the petitioners to approach the respondent no.
2, i.e., the Principal Secretary, Building Construction Department, Government of Bihar, Patna, by filing representation along with a certified copy of this order. On such representation having been filed by the petitioners, let the respondent no. 2 take a decision upon the same on its own merit and in accordance with law within a period of four weeks from the date of its filing and the decision taken by him should be communicated to the petitioners. (Dr.