M/S Bhardwaj Construction v. The State Of Bihar And ORS

Patna High Court CWJC No.7995 of 2016 (2) dt.13-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7995 of 2016 ====================================================== M/s Bhardwaj Construction, having its office at 286, Anugrahpuri Coloney, Gaya through its Partner, Kamlesh Kumar, son of Sri Ramashray Singh, R/o-Village Bali, P.S. -Konch, District-Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary Road Construction Department, Bihar, Patna

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

4. The Chief Engineer, National Highway wing, Road Construction Department, Bihar, Patna

5. The Executive Engineer, National Highway, Circle, Gaya, Road Construction Department, Gaya.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Respondent/s : Mr. Ravindra Kr.Priyadarshi, S.C.32 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-05-2016 Heard learned counsel for the parties.

The petitioner while questioning the various clauses of Standard Bidding Documents seeks a preemptive writ to command the respondent authorities to act in a particular manner. It is not in dispute that the petitioner has applied against the tender in question but which has not attained finality. In between, the petitioner apprehending that he would be disqualified under Clause 4.5 of the Standard Bidding Document, has approached this Court seeking a clarification thereon.

The writ petition in its present stage is not maintainable for until any final conclusion is reached by the authorities on the tender, it would not require a judicial review in anticipation. The writ petition is disposed of.

Bibhash/- (Jyoti Saran, J) U