Patna High CourtL.P.A/1313/2016dismissed

Intelligence Security Of India v. The State Of Bihar And ORS

2017-08-21The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1313 of 2016 =========================================================== Intelligence Security of India, having its office at G 2E, Laxmikant Parishar, Jamal Road, Post GPO Patna - 800001 Bihar, through its proprietor Mr. Ajit Kumar Singh S/o Sri Ramyash Singh .... .... Appellant/s

Versus

1. The State of Bihar through Energy Secretary, Government of Bihar, 8, Daroga Rai Path, Patna.

2. Bihar State Hydroelectric Corporation Limited, through its M.D., having office at 2nd Floor, Sone Bhawan, Birchand Patel Marg, Patna - 800001, Bihar.

3. Managing Director, Bihar State Hydroelectric Corporation Limited, having an office at 2nd floor, Sone Bhawan, Birchand Patel Marg, Patna - 800001, Bihar.

4. Chief Engineer, Bihar State Hydroelectric Corporation Limited, having an office at 2nd Floor, Sone Bhawan, Birchand Patel Marg, Patna 800001, Bihar.

5. M/s Aparna Detective and Securities Pvt. Ltd. through its director Shri Manhar Lal Krishna having offices at above Jagat Jagini Mata Mandri, Rajendra Path, Peer Mohani, Patna - 800003.

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

For the Appellant/s : Mr. Surendra Kumar Singh, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-08-2017 The learned Writ Court has dismissed the writ petition primarily on account of the fact that the appellant did not fulfil the conditions contemplated in the tender document. Having heard learned counsel for the appellant, we find that Clause 5 of the tender document clearly stipulate that the bidder must be a Company registered under the Companies Act of 1956 and once it is categorically recorded that the appellant is not a company

Patna High Court LPA No.1313 of 2016 dt.21-08-2017 2/2 registered under the aforesaid provision, in rejecting the bid of the appellant and consequently dismissing the writ petition, no error has been committed warranting reconsideration.

The Letters Patent Appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 24.08.2017 Transmission Date