M/S J. K. Biotech v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14322 of 2025 ====================================================== M/S J. K. Biotech through its Legal Manager Monojit Mukherjee, Male, aged about 35 Years, S/o-Bachhu Mukherjee, R/o-65, Naskar Hat, Uttarpara 2nd Lane, Tiljala, P.S.-Tiljala, Dist.-Kolkata-700039, West Bengal, Address of Office- 1 Maninagr Main Road, NR Ashok Garden, Mavdi Plot Rajkot360004, Gujrat ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Patna, Bihar. 2.
The Secretary, Urban Development and Housing Department, Bihar. 3.
Executive Officer, Nagar Parishad, Urban Development and Housing Department, Veerayatan Road, Rajgir, Bihar-803116, India ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Vikram Rana, Advocate Mrs. Misha Bharti, Advocate Mr. Anurag Darshi, Advocate For the Respondent/s :
Standing Counsel (25) Fro Resp. No. 3 :
Mr. Rajiv Ranjan Kr. Pandey, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 03-09-2025 In the instant writ petition, petitioner has prayed for the following reliefs :
"I. For issuance of writ in the nature of Mandamus directing the Respondent Authorities to proceed in a fair process with the Tender bearing (GEM Bid No. GEM/2025/B/6246205) dated 21-052025 and allot the same to the petitioner in case it is found to be most eligible tenderer in terms of the GEM BID published.
Patna High Court CWJC No.14322 of 2025(2) dt.03-09-2025 2/3 II. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent authorities to reconsider and re-evaluate the technical bid submitted by the Petitioner in accordance with the terms and conditions of the Tender Document, and to allow the Petitioner to participate in the further stages of the tender process, if found eligible.
III. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent authorities to undertake a fair and transparent reevaluation of all bids submitted in response to the said tender, including that of M/s Universal Engineering Equipments Corp., in compliance with Clause 2(E) and other applicable criteria;
IV. For such other relief or reliefs for which the petitioner of is found to be entitled in the facts and circumstances of the case."
2. For issuance of writ of mandamus, aggrieved person must fulfill certain ingredients like demand before the concerned authority read with vested right. Both the ingredients have not been made out in the present case. Be that as it may, the petitioner is at liberty to invoke remedy before the concerned authority in filing application or representation within a period of four weeks from today, thereafter, the
Patna High Court CWJC No.14322 of 2025(2) dt.03-09-2025 3/3 concerned authority is hereby directed to decide the petitioner's grievance within a period of one month from the date of receipt of application/representation.
3. With the above observation, present writ petition stands disposed of.
(P. B. Bajanthri, ACJ) (Alok Kumar Sinha, J) GAURAV S./- U