Patna High CourtCWJC/6810/2017dismissed

Hafij Miyan v. The State Of Bihar And ORS

2017-10-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6810 of 2017 =========================================================== Hafij Miyan son of Khalil Miyan resident of village - Giradhar Parsa, P.O. - Bhagwat Parsa, Circle - Phulwaria, P.S. - Phulwaria, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Director, Directorate of Mid Day Meal Scheme, Department of Education, Government of Bihar, Patna.

4. The District Magistrate, Gopalganj.

5. The District Programme Officer, Gopalganj. ------- Respondent 1st Set

6. The Bihar Mid Day Meal Scheme Society, Gopalganj through its Member Secretary-cum-District Programme Officer, Gopalganj.

7. The District Magistrate-cum-Chairman, Contractors Selection Committee, Gopalganj.

8. The Member Secretary-cum-District Programme Officer, the Bihar Midday Meal Scheme Society, Gopalganj.

------ Respondent 2nd Set .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Respondent/s : Mr. Prashant Pratap-GP2 For the Mid-Day Meal : Mr. Girijish Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 10-10-2017 Heard learned counsel for the parties.

In the present case, the petitioner has challenged the action of the respondents in refusing to open the bid document submitted by the petitioner for the Block Kateya for appointment of Contractor in connection with Mid Day Meal.

During pendency of the case, a fresh tender was invited, the petitioner himself participated in the tender and one Daya

Patna High Court CWJC No.6810 of 2017 dt.10-10-2017 Shankar Mishra has been selected.

In that view of the matter, when the petitioner has participated in the second tender and tried his luck and when he has been declared unsuccessful, he cannot turn around and challenge the tender/bid before any court of law.

Accordingly, the writ application does not survive and the same is dismissed.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.10.2017 Transmission Date NA