Branzo Projects Private Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3413 of 2024 ====================================================== Branzo Projects Private Limited through its Director Sunita Devi, Female, aged about 38 years, wife of Brijesh Kumar, resident of Chauriya Tola, P.O. Dhumnagar, P.S. Jagdishpur, District West Champaran, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Engineer In-Chief, Rural Works Department, Government of Bihar, Patna.

3.

The Chief Engineer- 3, Rural Works Department, Government of Bihar, Patna.

4.

The Superintending Engineer, Rural Works Department, Works Circle, Bettiah, District West Champaran.

5.

The Executive Engineer, Rural Works Department, Works Division, Bettiah, West Champaran.

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

For the Petitioner/s :

Mr.Prabhat Ranjan, Advocate For the Respondent/s :

Mr.Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-02-2024 The petitioner is concerned with the rejection of his bid for the reason of his character certificate being not valid.

2. The petitioner submits that the character certificate was issued on 18.07.2023, produced at Annexure-P/5 series, which is valid for six months and hence, the validity was current when the bid was made.

3. Admittedly, the petitioner's tender was not

Patna High Court CWJC No.3413 of 2024 dt.22-02-2024 2/2 considered for reason of there being no current character certificate. Clause 4.4(B)(a)(iii) in the NIT provides for such other certificates as defined in Appendix to ITB (instructions to bidders), to be scrupulously followed. The ITB is produced at Annexure-1 series and the specification of the certificate is contained at page 60 of the writ petition. The certificates required with the bid are (i) Registration Certificate, (ii) GST Registration and (iii) Valid Character Certificate. When the tender was opened, the character certificate had expired, especially since the character certificate was one which was valid only for six months even as per the certificate. It was incumbent upon the petitioner to have produced the certificate which was valid through out the tendering procedure.

4. We find absolutely no reason to entertain the writ petition. The same stands dismissed.

(K. Vinod Chandran, CJ) ( Harish Kumar, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 23.02.2024 Transmission Date