M/S Richa Industries Ltd. v. The Bihar State Ware Housing Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20568 of 2013 ====================================================== M/S Richa Industries Limited A Company Incorporated Under The Companies Act, 1956 Having Its Registered Office At Village- Kawnra, Kheri Jasana Road, Faridabad-121101, Haryana With Its Corporation Office At Plot No. 57, Section 27-C, 13/1, Mathura Road, Faridabad Through Its Authorized Representative And The Joint Managing Director, Sandeep Gupta Son Of Sri Subhash Gupta Resident Of House No. 1476, Sector-14, Faridabad, Haryana ... ... Petitioner

Versus

1. The Bihar State Warehousing Corporation, B-2, 1st Floor, Maurya Lok Complex, Patna- 800001 Through Its Managing Director, B.S.W.C., Patna

2. The State Of Bihar Through The Principal Secretary-Cum-Commissioner, Department Of Agriculture, Government Of Bihar, Patna

3. The Principal Secretary-Cum-Commissioner, Department of Building Construction, Government Of Bihar, Patna

4. The Under Secretary, Department of Co-Operative, Government of Bihar, Patna

5. The Executive Engineer, Patna Building Circle, Department of Building Construction, Government Of Bihar, Patna

6. The Accounts Officer, Bihar State Warehousing Corporation, B-2, First Floor, Maurya Lok Complex, Patna- 800001

7. The Divisional Manager (Commercial), Bihar State Warehousing Corporation, B-2, First Floor, Maurya Lok Complex, Patna- 800001

8. The Divisional Manager (Technical), Bihar State Warehousing Corporation, B-2, First Floor, Maurya Lok Complex, Patna- 800001

9. M/S JMD Enterprises, A Partnership Firm Having Its Registered Office At Indrapuri, Text Book Colony, Patna- 800024 ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Mrigank Mauli, Advocate.

For the BSWC :

Mr. Mithilesh Kumar Rai, Advocate.

For the State : Mr. Jitendra Kumar, AC to AAG-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 03-12-2018 The present writ petition has been filed for the following reliefs - "(i) For issuance of writ in the nature of Certiorari quashing the selection of the private respondent no. 9 for Tender No. ED 07/2012-13 for 'Construction of Godown under Bihar Agriculture Road Map' for the location of Ara, Natwar, Begusarai and Bihta;

Patna High Court CWJC No.20568 of 2013 dt.03-12-2018 2/2 (ii) For issuance of writ in the nature of Mandamus directing the respondent no. 1 that the private respondent no. 9 is subject to disqualification for having made misleading and false representation in the forms, statements and attachments submitted in proof of the qualification requirements; (iii) For issuance of writ in the nature of Mandamus, pursuant to the grant of the aforesaid two reliefs, directing the respondent no. 1 to hold the petitioner as L-1 for the four places being Ara, Natwar, Begusarai and Bihta and directing the respondent no. 1 to issue work order in favour of the petitioner. (iv) For such relief (s), writ(s) and direction(s) for which the petitioner may be entitled to in the facts and circumstances of the present case."

2. Learned counsel for the petitioner submits that the writ petition has now become infructuous by efflux of time and need not be pressed.

3. Learned counsel for the respondents appears.

4. Having regard to the submission of the petitioner, the writ petition stands dismissed.

(Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.12.2018 Transmission Date N.A.