Patna High CourtCWJC/9133/2016disposed

M/S Honest Construction Company v. The State Of Bihar And ORS

2016-08-23Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9133 of 2016 ====================================================== M/s. Honest Construction Company, At Urdu Library, Alampatti P.O.+ P.S.- Motihari, District- East Champaran, through its Managing Partner Mujaffar Mohmood, Son of Late Mahmudul Amin, Advocate Resident of Urdu Library, Alampatti, P.O + P.S- Motihari, District East Champaran .... .... Petitioner

Versus

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

2. The Principal Secretary, Finance Department, Government of Bihar, Patna.

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

4. The Chief Engineer- 3, Rural Works Department, Works Circle, Motihari

5. The Superintending Engineer, Rural Works Department, Works Circle, Motihari

6. The Executive Engineer, Rural Works Division, Works Division Dhaka, East Champaran, Motihari .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate with M/S Ramjee Prasad Sharma & Kundan Kumar, Advocates For the Respondent/s : Mr. Anil Upadhya, S.C.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks quashing of the recommendation contained in Momo No. 1788 dated 27.4.2016 made by the Technical Bid Committee headed by the Chief Engineer-3, Rural Works Department, Government of Bihar for cancelling the tender relating to tender ID No. 39814 in view of Notification No. 1682 dated 1.3.2016 issued by the Finance Department, Government of Bihar and further by which the Executive Engineer, Rural Works Department has been directed to ensure re-tender at the earliest and for other consequential relief.

Patna High Court CWJC No.9133 of 2016 (3) dt.23-08-2016 Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the decision dated 21.7.2016 of this Court in CWJC No. 8869 of 2016 and its analogous cases by which the writ applications were allowed and the respondents were directed to open financial bids of the petitioners of the said writ petitions within a period of two weeks and thereafter proceed to award the contract subject to the statements made by the petitioners through their counsel with regard to their financial bids.

Learned counsel for the petitioner in the present case submits that the petitioner has already quoted about 4% below the schedule rate but the petitioner is willing to have the price issue renegotiated with the respondents.

The writ application is allowed in terms of the order dated 21.7.2016 passed in CWJC No. 8869 of 2016 and its analogous cases. It is further directed that the re-tender notice dated 16.5.2016 shall stand quashed in view of the directions issued herein.

(Ramesh Kumar Datta, J) spal/- U