M/S Jai Bhawani Construction, Bettiah Through Its Authorized Signatory Nikhil Singh v. The State Of Bihar Through The Additional Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15292 of 2021 ====================================================== M/s Jai Bhawani Construction, Adarsh Colony, Bettiah through its Authorized Signatory Nikhil Singh Son of Sri Vijay Kumar Singh Resident of Adarsh Colony, P.S. Bettiah Town, District Bettiah, West Chmparan, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna. 2.

The Engineer in Chief (Work Management) Road Construction Department, Government of Bihar, Patna.

3.

The Chief Engineer, North, Road Construction Department, Government of Bihar, Patna.

4.

The Executive Engineer, Road Division, Bettiah, District Bettiah, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Ranjan, Advocate Mr. Chandan Kumar, Advocate For the Respondent/s :

Mr. Sushil Kumar, GP-22 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-08-2022 Petitioner has prayed for the following relief(s):- "(i) Quashing of the proceedings of the Technical Bid Evaluation Committee dated 08.07.2021 by which, the Technical Bid of the petitioner has been recommended to be rejected as non responsive for a nonest reason that no requisite document in support of experience of work done quantity during last five years was uploaded along with the Tender document;

(ii) Quashing of the Notice Inviting ReTender No. RCD/BTH - 05 / 2021-22 as contained

Patna High Court CWJC No.15292 of 2021(2) dt.18-08-2022 2/3 in Letter No. 1374 by which even before a final decision by the competent authority and contrary to the decision of the Department, the Executive Engineer, Road Construction Division, Bettiah has re-advertised the work;

(iii) Quashing of the proceedings and direction of the Departmental Tender Committee dated 11.08.2021 as contained in Memo No. 5296 (E) by which, the Recommendation of the Technical Bid Evaluation Committee has been tentatively accepted and directed to be uploaded on the departmental website with a further direction to invite the objection from any aggrieved party and to place the matter for final decision in the next meeting of the Departmental Tender committee; and (iii) Restraining the Respondents from proceeding further in connection with the Notice Inviting Re-tender No. RCD/ BTH - 05 / 2021-22 as contained in Letter No. 1374 (Annexure 5) issued by the Executive Engineer, Road Construction Department during the pendency of the present writ petition."

Learned counsel for the petitioner seeks permission to withdraw the present petition, for the same having rendered infructuous.

Permission granted.

Patna High Court CWJC No.15292 of 2021(2) dt.18-08-2022 3/3 The instant petition stands disposed of as withdrawn. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP U