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Patna High CourtCWJC/12236/2022withdrawn

M/S R.S. Construction Muzaffarpur, Bihar v. The State Of Bihar

2022-09-22The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12236 of 2022 ====================================================== M/S R.S. Construction Muzaffarpur, Bihar through its Partner, Sanjay Kumar Sharma, (Male) aged about 45 Years, S/o- Sukhdeo Sharma, Resident of Ward No. 16, Swami Sahjanand Colony, P.S.- Bhagwanpur Sadar, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Rural Works Department Govt. of Bihar, Patna.

2.

The Principal Secretary Rural Works Department Govt. of Bihar, Patna. 3.

The Engineer-in- Chief Rural Works Department, Vishveshwarya Bhawan, Bailey Road, Patna.

4.

The Nodal Officer, PMGSY (Pradhan Mantri Gram Sadak Yojana), Bihar, Patna.

5.

The Chief Engineer Rural Works Department Govt. of Bihar, Patna. 6.

The Superintendent Engineer Rural Works Department, Work Circle, Muzaffarpur-cum- Chairman of Technical Tender Disposal Committee, Muzaffarpur.

7.

The Executive Engineer, Rural Works Department, Work Division, Muzaffarpur East- 2-cum- Secretary of Technical Tender Disposal Committee, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. Kameshwar Pd. Gupta, GP-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-09-2022 Petitioner has prayed for the following relief(s):- "(i) For issuance of an appropriate writ in the nature of certiorari for quashing the decision dated 18.08.2022 of the Technical Tender Disposal Committee headed by respondent no. 06 with respect to the petitioner whereby Bid Id No. 517495 and Bid Id No. 516811 arising out of Tender Id No. 119810 and Tender Id No. 119814 respectively have been declared technically disqualified

Patna High Court CWJC No.12236 of 2022(3) dt.22-09-2022 2/2 in view of clause 4.7(ii) of Standard Bidding Document (SBD hereinafter) whereas under similar circumstances the Bid of some other bidders under the same division and even other district arising out of same NIT (Notice inviting tender) has not treated as reason for rejection and they have been declared qualified.

(ii) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the Respondents to declare the Bid ID No. 517495 and Bid Id No. 516811 arising out of Tender Id No. 119810 and Tender Id No. 119814 respectively technically eligible/qualified like other bidders for opening the financial bid of the petitioner as Financial bid is scheduled to be opened on 26.08.2022 for decide on rate basis.

(iii) For issuance of any other appropriate writ/s, order/s, direction/s for which the writ petitioners shall be found entitle under the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the present petitioner.

Permission granted.

Present petition stands disposed of as withdrawn. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/- U