M/S R. K. Construction Begusarai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23705 of 2019 ====================================================== M/s R. K. Construction Begusarai through its Partner Hari Shankar Prasad, Male, aged about 56 years, Son of Sri Ram Naresh Prasad Singh, Resident of Village- Ratanpur, P.o. and P.s.- Ratanpur, Distt.- Begusarai, ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Rural Works Department, Govt. of Bihar, Patna 2.

The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna 3.

The Engineer-in-Chief Rural Works Department, Govt. of Bihar, Patna 4.

The Executive Engineer Rural Works Department, Works Division, Balia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the Respondent/s :

Mr.P.N. Shahi, AAG 6 Mr. Manish Kumar, AC to AAG 6 (In-charge-AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 23-03-2023 Heard learned counsel for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "I. For quashing Letter as contained in Letter No. 614 dated 17.09.2019 issued under the signature of Executive Engineer, Rural Works Department, Works, Division, Balia, Begusarai, by which the firm of the petitioner has been debarred from participating in further future tender.

II. For declaration that the decision of the authority dated 17.09.2019 is totally baseless, illegal, arbitrariness as well

Patna High Court CWJC No.23705 of 2019(4) dt.23-03-2023 2/2 as colorable exercise of power.

III. For allowing the petitioner to participate in the tender process (NIT-Notice Inviting Tender) floated by minor irrigation Department Government of Bihar, Patna and the 25.09.2019 is date fixed for downloading the tender documents.

IV. For any other relief or reliefs for which the petitioner is entitled under law in the facts and circumstances of the present case."

During pendency of the present litigation, identical matter was decided on 21.10.2019 in CWJC No. 20605 of 2019. Therefore, the concerned authorities have taken back the impugned decision. In the light of the order dated 21.10.2019 passed in CWJC No. 20605 of 2019, this Court has disposed of CWJC No. 24290 of 2019 on 14.03.2023.

In the light of theses facts and circumstances, the present petition stands disposed of in terms of the order passed in CWJC No. 20605 of 2019 dated 21.10.2019.

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