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Patna High CourtCWJC/14758/2022disposed

Anish Raju Singh v. The State Of Bihar

2022-11-03The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14758 of 2022 ====================================================== Anish Raju Singh Son of Shri Shambhu Nath Singh Resident of Flat No.- 202, Aditya Homes, Anandpuri, West Boring Canal Road, P.S.- S.K. Puri, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Environment, Forest and Climate Change, Government of Bihar, Patna. 2.

The Director, Sanjay Gandhi Biological Park, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Respondent/s :

Mr. Anant Prasad Singh, SC-15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 03-11-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.14758 of 2022 dt.03-11-2022 2/3 It is the petitioner's case that solely on account of order dated 22.12.2016 (Annexure-P/5, Page 20), passed by the Respondent No.2, namely, the Director, Sanjay Gandhi Biological Park, Patna, petitioner is now being prevented from participating in any of the tenders issued by the said authority. Annexure-P/5 is a communication dated 22nd of December, 2016, whereby the petitioner stands blacklisted. The said communication does not prescribe the duration for such action. However, when we perused the terms and conditions of the Notice Inviting Tender (NIT) in relation to which the petitioner was blacklisted, we find that the duration could not have been more than five years.

The order was passed in December, 2016. Hence, at

Patna High Court CWJC No.14758 of 2022 dt.03-11-2022 3/3 this point in time, solely on account of passing of such order, petitioner cannot be precluded from participating in any fresh tender issued by the respondent authority.

Hence, the petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 04.11.2022 Transmission Date