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Patna High CourtCWJC/5240/2022withdrawn

M/S Sidhnath Construction, v. The State Of Bihar,

2022-05-17The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5240 of 2022 ====================================================== M/s Sidhnath Construction, through its partner Pramod Singh, male, aged about 50 years, S/o Siddheshwar Singh, Resident of Sohaipur, Village - Amra, P.S. - Mofassil, District - Gaya, Pin - 823003. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Additional Chief Secretary, Road Construction Department, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Road Construction Department, Govt. of Bihar, Patna.

3.

The Engineer - in - Chief, Road Construction Department, Govt. of Bihar, Patna.

4.

The Chief Engineer, South, Road Construction Department, Bihar, Patna. 5.

The Superintending Engineer, Magadh Road Circle, Road Construction Department, Gaya.

6.

The Executive Engineer, Road Division No. -1, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshman Lal Pandey, Advocate For the Respondent/s :

Mr.Manoj Kumar Ambastha (SC26) Mr. Subodh Kumr, AC to SC-26 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-05-2022 Petitioner has prayed for the following relief(s): "To quash the decision, taken by the Departmental Tender Committee, Road Construction Department, Govt. of Bihar in its meeting dated 08/03/2022, as contained in memo no. 1480(E) dated 11/03/2022, Annexure3, whereby and whereunder without considering financial bid of petitioner (who was declared L1), the Chief Engineer, South, Road Construction Department, Bihar, Patna was

Patna High Court CWJC No.5240 of 2022(2) dt.17-05-2022 2/2 directed to invite re-tender of work related to widening and strengthening of road from 2nd km of Atri-Jethian Road to Saren via Punar-KariyatManjhauli-Bandhi including Culvert & Minor Bridge, having length of 14.50 km on the ground that on account of inadvertence rate mentioned in BOQ was uploaded along with bidding document and hence re-tender got vitiated. Further, prayer is being made to direct the respondents to consider the financial bid of petitioner and allot the work in question to the petitioner, who has been declared L-1 and/or pass any other order/orders as the Hon'ble Court may deem fit and proper in the facts and circumstances of this 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.

Interlocutory application(s), if any, shall also stand disposed of.

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