Sharda Singh v. The Union Of India And ORS

Patna High Court CWJC No.4617 of 2016 (5) dt.31-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4617 of 2016 ====================================================== Sharda Singh Wife of Rajesh Kumar Singh resident of Hasanpura P.S. M.H. Nagar, District - Siwan .... .... Petitioner/s

Versus

1. The Union of India through the Secretary Department of Civil Supplies, New Delhi

2. The Managing Director, Food Corporation of India, New Delhi

3. The Regional Manager, Food Corporation of India, Regional Office, Patna, Bihar

4. The State of Bihar through the Principal Secretary Co - Operative Department, Bihar, Patna

5. The Managing Director, Bihar State were housing, Corporation, Bihar, Patna

6. The Deputy General Manager, ( Finance ) Bihar State were housing, Corporation, Bihar, Patna

7. The Executive Engineer, Bihar State were housing, Corporation, Bihar, Patna

8. The Jyoti Niketan Pvt. Ltd. Delhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Mohan Singh For respondent No.1 : Mrs. Kanak Verma, C.G.C. For Bihar State Warehousing : Mr. Mithilesh Rai For Foor Corpn. of India : Mr. Praphkar Tekriwal Mr. Shashidahar Jha For the State: Mr. Ajit Kumar Jha, A.C. to G.P.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and learned counsels for the Bihar State Warehousing Corporation and for the Union of India as also learned counsel for the Food Corporation of India.

The writ application has been filed for quashing the technical bid as also for setting aside the financial bid and Letter

Patna High Court CWJC No.4617 of 2016 (5) dt.31-08-2016 of Intent issued in favour of respondent No.8 for construction of godown in the district of Siwan.

In the counter affidavit filed on behalf of the respondent Bihar State Warehousing Corporation, it is stated that the tender has since been cancelled as the respondent No.8 was unable to provide the 'N.O.C.' regarding the land for construction of godown leading to rejection of her tender.

In the above circumstances, learned counsel for the petitioner states that he does not intend to press the writ application but the respondents must be directed to refund the earnest money amount to the petitioner.

The writ application is, accordingly, disposed of with the direction that the respondent-Bihar Warehousing Corporation shall return the earnest money amount to the petitioner within a period of four weeks from the date of receipt/production of a copy of this order.

(Ramesh Kumar Datta, J) V.P.Sinha/- U