Birampur Construction Pvt. Ltd. v. The State Of Bihar And ORS

Patna High Court CWJC No.3516 of 2017 dt.04-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3516 of 2017 =========================================================== Birampur Construction Pvt. Ltd. through its Managing Director Mr. Nilesh Kumar, Son of Sri Arun Kumar, Resident of Mohalla- Quamruddinganj, POBiharsharif, P.S.- Laheri, District- Nalanda, State- Bihar, Pin- 803101, at present Mohalla- West Boring Canal Road Neelgiri Bhawan, Block B, Flat No.406, P.S.- Krishnapuri, PO- GPO, District- Patna, State- Bihar, Pin- 800001. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Minor Water Resources Department, New Secretariat, Patna-15.

2. The Engineer-in-Chief, Minor Water Resources Department, New Secretariat, Patna-15.

3. The Chief Engineer, Minor Water Resources Department, New Secretariat, Patna-15.

4. The Superintending Engineer, Minor Irrigation Circle, Gaya.

5. The Executive Engineer, Minor Irrigation Division, Jehanabad. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Respondent/s : Mr. S.S.P.YADAV-SC14 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 04-01-2018 The present petition has been filed for the following reliefs- (i) For commanding and directing the concerned respondent to produce the decision of Technical Bid Evaluation Committee before this Hon'ble Court relates to tender of work namely, "Renovation and Rehabilitation of Kachhnawan Pyne and Chard Pond for the year 2015-16" and quash the same, because technical bid of the petitioner relates to said work has already been rejected by them in most arbitrary manner and no copy of the

Patna High Court CWJC No.3516 of 2017 dt.04-01-2018 same has been made available to the petitioner in spite of giving application under Right to Information Act, 2005. (ii) For directing and commanding the concerned respondent to open the financial bid of the petitioner and consider the tender of the petitioner along with other bidders in accordance with law and decide the same.

(iii) For declaring that the action of the respondents are illegal, arbitrary, malicious and colourable exercise of power.

(iv) For passing such an order or orders for which the petitioner is entitled under the law in the facts and circumstances of the case.

2. Learned counsel for the petitioner Mr. Anil Kumar Sinha submits that the writ petition has now become infructuous and need not be pressed.

3. Learned counsel for the respondents has no objection to the stand of the petitioner.

4. The writ petition accordingly stands dismissed. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.01.2018 Transmission Date N.A.