M/S Shakti Construction v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12711 of 2019 ====================================================== M/s Shakti Construction, a duly registered Partnership firm, represented through his Partner namely Pawan Kumar Singh, male, aged about 25 years, S/o Raj Kumar Singh, resident of New Area Chittor Nagar, Back of BA Bihar School, P.s.- Aurangabad, Distt.- Aurangabad having its registered office at New Area, Aurangabad.
... ... Petitioner
Versus
1.
The Union of India through the Chiarman, Bhartiya Rail, Recruitment Board, New Delhi.
2.
The Chairman Bhartiya Rail, Recruitment Board, New Delhi. 3.
The Chairman Bhartiya Rail Bijalee Company Ltd, Nabinagar, Aurangabad. 4.
The Chief Executive Officer Bhartiya Rail Bijalee Company Ltd, Nabinagar, Aurangabad.
5.
The Company Secretary Bhartiya Rail Bijalee Company Ltd, Nabinagar, Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Kumar For the Respondent/s :
Mr.Ramadhar Shekhar (Add.Sc.Railway ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-06-2019 Petitioner, in the present case, is aggrieved by the fresh notice inviting tender for construction of road for the purpose of production of energy by Bhartiya Rail Bijlee Company Limited (in short the 'BRBCL').
The earlier advertisement inviting tender was published on 11.06.2016 in which the petitioner had participated. In course of submission, learned counsel for the petitioner submits that in the technical bid he remained the
Patna High Court CWJC No.12711 of 2019(2) dt.26-06-2019 2/2 single responsive tenderer.
In the aforesaid circumstances if the petitioner was the single tenderer, the respondents authority could not have gone for opening of the financial bid, and therefore, in the opinion of this court, if fresh tender has been invited, no illegality or infirmity may be found with the same.
The writ application has thus no merit, it is dismissed, accordingly.
(Rajeev Ranjan Prasad, J) Rajeev/- U