M/S Sri Ram Enterprises v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5871 of 2013 ============================================================ M/S Sri Ram Enterprises, a partnership firm having its office at 5th Floor, Sadbhawana, A.C. Road, Bhagalpur, Post Office and District Bhagalpur through its authorized representative Sri Giriraj Sharma, son of Late Ammi Lal Sharma, Resident of Jagarnath Suri Lane Mandroja, P.O. Bhagalpur, P.S. Tatarpur, District Bhagalpur.

.... .... Petitioner

Versus

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

2. The Engineer in Chief, Department of Rural Works, Govt. of Bihar, Patna.

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

4. The Superintending Engineer, Department of Rural Works, Govt. of Bihar, Purnia.

5. The Executive Engineer, Department of rural Works, Baisi. .... .... Respondents ============================================================ Appearance:

For the Petitioner : Mr. Gautam Kejriwal, Mr. Zahid Hussain, Advocates For the Respondents : Mr. Subhash Kr. Singh, GA 3 ============================================================ CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-08-2016 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing of the Minutes of Meeting of the Technical Bid dated 14.12.2012 whereby the Technical Bids of the petitioner for item no. 1147 of works within Rural Works Division, Purnea has been rejected; and for connected reliefs.

3. Learned counsel for the petitioner submits that the matter is squarely covered by the order dated 05.04.2013 of the coordinate Bench of this Court passed in CWJC No. 558 of 2013 and

Patna High Court CWJC No.5871 of 2013 dt.08-08-2016 2/2 analogous cases (M/s Sharda Construction Vs. The State of Bihar & others) which were disposed of with the following directions:- "Thus, on a consideration of the entire facts and circumstances, I am of the view that the Technical Bid Committee has wrongly rejected the technical bids of the petitioners. The petitioners are entitled to have their financial bids considered and final decisions taken accordingly after opening of their financial bids. Let the same be done within three weeks from the date of receipt/production of a copy of this order."

4. Learned counsel for the respondents raises no objection if the writ petition is disposed of accordingly.

5. Having regard to the stand of the respective parties and with their consent, the present writ petition is disposed of in line and on the same terms as in CWJC No. 558 of 2013 and analogous cases (M/s Sharda Construction Vs. The State of Bihar & others). (Vikash Jain, J) B.T/- Chandran AFR/NAFR NAFR CAV DATE N/A Uploading Date 09.08.2016 Transmission Date N/A