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Patna High CourtCWJC/12334/2022withdrawn

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

2022-09-13The Chief Justice -,Mr. Justice Rajan Gupta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12334 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, Darbhanga-cum-Chairman of Technical Tender Disposal Committee, Darbhanga.

7.

The Executive Engineer, Rural Works Department, Work Division, Benipur, Darbhanga-cum-Secretary of Technical Tender Disposal Committee, Darbhanga.

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

For the Petitioner/s :

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

Mr.Kumar Alok (SC7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-09-2022 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 17.08.2022 of the Technical Bid Committee headed by respondent no. 06 with

Patna High Court CWJC No.12334 of 2022(3) dt.13-09-2022 2/3 respect to the petitioner whereby Bid Id No.

517497 arising out of Tender Id No. 119666 and Tender Id No. 119670 respectively have been declared technically disqualified in view of clause 12.1 of Standard Bidding Document (SBD hereinafter) mentioning that the petitioner has not given affidavit on required stamp value whereas the petitioner has complied clause 12.1 of SBD, apart from it there are several examples to so that the authorities have arbitrarily disqualified the petitioner.

(ii) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the Respondents to declare the Bid Id No. 517452 and Bid Id No. 517497 arising out of Tender Id No. 119666 and Tender Id No. 119670 respectively qualified technically like other bidders who has been declared qualified in technical bid and further a direction for opening of 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 petition.

Prayer allowed.

Petition is disposed of as withdrawn.

Patna High Court CWJC No.12334 of 2022(3) dt.13-09-2022 3/3 Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Rajan Gupta, J) K.C.Jha/DKS U