M/S Shyama Construction Works v. The State Of Bihar And ORS

Patna High Court CWJC No.8359 of 2014 dt.28-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8359 of 2014 =========================================================== M/s Shyama Construction Works, through its Proprietor Raman Kumar Rai son of Mr. Deo Chandra Rai resident of Village- Bisaul, P.S.- Jhanjharpur, DistrictMadhubani .... .... Petitioner

Versus

1. The State of Bihar

2. Principal Secretary, Department of Urban Development and Housing, Govt. of Bihar, Patna

3. Chief Engineer, Department of Urban Development and Housing, Govt. of Bihar, Patna

4. Superintending Engineer, Bihar Urban Development Agency, Department of Urban Development and Housing, Govt. of Bihar, Patna

5. Executive Engineer, District Urban Development Agency, Madhubani

6. Executive Officer, Nagar Panchayat, Jhanjharpur, Madhubani

7. Tender Committee through its Chairman i.e. Mr. Sona Mandal, Chairman of Jhanjharpur Nagar Panchayat, Jhanjharpur, Madhubani .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mrs. Kiran Thakur, Advocate Mr. Nilesh Kumar, Advocate For the Respondent/s : Mr. SATYDEO KUMAR, SC5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-06-2016 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the order as contained in letter No. 373 dated 03.03.2014 issued under the signature of Superintending Engineer, Bihar Urban Development Agency, Department of Urban Development and Housing, Government of Bihar, Patna by which e-tender of the petitioner was cancelled on the ground of violation of Clause 16-2 (Cha) and 16-4(Ra) for the work to be done under

Patna High Court CWJC No.8359 of 2014 dt.28-06-2016 the State project under RWD Road from via Lalpatwa Gachhi upto the house of Chandra Mohan Das for PCC Work and it was further order that the said tender be cancelled and fresh short term tender be invited.

3. At the very outset learned counsel for the respondents makes a statement at the Bar that as a matter of fact the entire e-tender in question has since been cancelled and fresh tender is proposed to be floated. It is therefore, submitted that the writ petition has now become infructuous.

4. Having regard to the stand of the respondents, the writ petition stands disposed of.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE - Uploading Date 28.06.2016 Transmission Date -