Gagan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17635 of 2016 ====================================================== Gagan Kumar son of Late Uma Shankar Prasad Gupta, Resident of VillageSikandra, P.S.- Sikandra, District- Jamui. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary Food and Civil Supplies Corporation, Bihar, Patna.

2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, 4th Floor, Daroga Prasad Ray Path, Patna. 3.

The District Magistrate, Jamui.

4.

The Deputy Development Commissioner, Jamui.

5.

The Additional District Magistrate, Jamui.

6.

The District Transport Officer, Jamui.

7.

The District Manager, State Food Corporation Ltd., Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the BSFC :

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

Mr. Sanjay Kr. Giri, GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 09-05-2023 None appears for the petitioner.

2. Matter is of the year 2016.

3. In the instant petition, petitioner has prayed for the following relief(s):- "(i) For issuance of writ in the nature of mandamus commanding and directing the respondents authority to open the financial bid of the petitioner who remained the sole winner of technical bid in the

Patna High Court CWJC No.17635 of 2016(6) dt.09-05-2023 2/3 tender floated by the State Food Corporation Ltd. through its District Manager for the purpose of Door Step Delivery Service of the food-grains from the godown of S.F.C. to the licensee P.D.S. dealer holder through Memo No. 9608 dated 1.8.2016 and execute a contract accordingly as the petitioner will best subserve the interest of the respondents.

(ii) For further direction to the respondents authority not to invoke the Notification No. 1682 dated 1.3.2016 as the same is not at all applicable in the case of the petitioner in view of the decision rendered by this Hon'ble Court vide order dated 21.7.2016 passed in CWJC No. 8869/2016.

(iii) For further quashing of the Memo No. 1368. dated 3.10.2016 whereby and where under the petitioner has been intimated about not opening the financial bid given by the petitioner as the petitioner left a sole winner of technical bid.

(iv) And for any other reliefs for which this Hon'ble Court may deem fit and proper.

4. In view of the admitted fact that the petitioner was the sole successful bidder, in such circumstances, policy of the Corporation has to float fresh tender. In this regard, the concerned authority is stated to have taken decision.

5. In the light of these facts and circumstances,

Patna High Court CWJC No.17635 of 2016(6) dt.09-05-2023 3/3 petitioner has not made out a case, accordingly, writ petition stands dismissed.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) Himanshu/- Ashish/- U