Dhirendra Kumar Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8790 of 2022 ====================================================== Dhirendra Kumar Trivedi Son of Late Yogendra Trivedi Resident of Mohalla- Rajendra Nagar, Road No.- 1E, P.S.- Kadamkuan, District- Patna, at present Practicing in the Hon'ble Patna High Court.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Health Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary-Cum- the Principal Secretary Health Department, Govt. of Bihar, Patna.

3.

The Managing Director Bihar Medical Services and Infrastructure Corporation Ltd.

4.

The General Manager Procurement Bihar Medical Services and Infrastructure Corporation Ltd.

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

For the Petitioner/s :

Mr.Nagendra Kumar Singh, Advocate For the Respondent/s :

Mr.S. D. Yadav ( AAG- 9 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 24-06-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.8790 of 2022 dt.24-06-2022 2/3

Patna High Court CWJC No.8790 of 2022 dt.24-06-2022 3/3 Petitioner has filed this writ petition in the nature of public interest litigation for setting aside the notice inviting tender dated 4.2.2022 issued by Bihar Medical Service and Infrastructure Corporation Limited. It is alleged that certain clauses in the NIT has been inserted in order to select the bidder of their choice.

The issue raised does not concern any public interest nor terms and conditions of NIT can be a subject matter of public interest litigation. Accordingly, this writ petition is dismissed. However, it shall always be open for an aggrieved party/person to approach this Court or any appropriate forum, if he is aggrieved by any of the terms and conditions of NIT which is tailor made to favour some of the bidders. (Sanjay Karol, CJ) veena/rajiv- ( S. Kumar, J) AFR/NAFR CAV DATE Uploading Date Transmission Date