Upendar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7316 of 2020 ====================================================== Upendar Ray, S/o Ramcharitra Ray, R/o Jafrabad, P.O. and P.S.- Khanjahan Chak urf Saidenpur, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Patna, Bihar.

2.

The Managing Director cum Appellate Authority, Bihar State Food and Civil Supply Corporation, Patna, Bihar.

3.

District Magistrate, District- Vaishali.

4.

District Magistrate cum Chairman, District Transport Committee, Vaishali. 5.

Bihar State Food and Civil Supplies Corporation, Khadhyan Bhawan, RBlock, Patna through Managing Director. 6.

The Deputy Development Commissioner cum Vice Chairmen, District Transport Committee, District- Vaishali.

7.

Deputy General Manager (Transport) Bihar State Food and Civil Supplies Corporation, headquarter Khadyan Bhawan, Near R Block Patna. 8.

The District Transport Committee, Bihar State Food Corporation, DistrictVaishali through its Secretary District Manager SFC, District- Vaishali. 9.

The District Manager, Bihar State Food and Civil Supplies Corporation, Vaishali, Hazipur.

10.

Sanjay Kumar, S/o Rajander Prasad Kushwaha, Resident of permanent address-Amnoursaran, Chapra, District- Saran, PIN- 841401, correspondence address- Nepali Nagar, Ashiana Nagar, Patna, PIN- 800025. 11.

Ranvir Kumar, S/o Hari Madhav Rai, Resident of Rampur Chandar Chanur, Dagru, Chitrauli, District- Vaishali, PIN- 844126. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Krishna Mohan Mishra, Advocate For the State :

Mr.Arvind Ujjwal, S.C.-4 For Respondent Nos.2, 5, 7 & 8 :

Ms. Anukriti Jaipuriyar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

Patna High Court CWJC No.7316 of 2020(2) dt.08-09-2020 2/3 The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

The brief grievance of the petitioner is that noncompliance with the requirement of submission of Bank guarantee for six months is yet to be considered by the Transport Committee. Even before such consideration, fresh NIT has been issued in relation to the work in question. Learned counsel representing Respondent Nos.2, 5, 7 and 8 upon instructions specifically submits that issuance of the fresh NIT, which is for empanelment, will not come in the way of the petitioner being allotted the work pursuant to the NIT dated 04.07.2019, in response to which he submitted his bid, however, subject to his fulfilling the requisite and in case decision of the Transport Committee is taken in his favour.

In view of such stand of the respondentCorporation that the fate of the petitioner's tender is yet to be considered and decided by the Transport Committee, there is no occasion for this Court to pass any order.

Patna High Court CWJC No.7316 of 2020(2) dt.08-09-2020 3/3 The application is disposed of.

(Madhuresh Prasad, J) PNM U