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Patna High CourtCWJC/23235/2019disposed

Ms. Mini Devi, v. The State Of Bihar

2023-04-06Mr. Justice P. B. Bajanthri,Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23235 of 2019 ====================================================== Ms. Mini Devi, aged about 39 years, Female, Wife of Nand Prasad Chauhan, Resident of Village-Amarpur, Sapahi Tola, P.S. Darauli, District Siwan, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Engineer in Chief cum Additional Commissioner cum Special Secretary, Building Construction Department, Government of Bihar, Patna. 3.

The Additional Secretary cum Financial Advisor, Building Construction Department, Bihar, Patna.

4.

The Chief Engineer (North) Building Construction Department, Government of Bihar, Patna.

5.

The Executive Engineer, Building Division, Siwan, Bihar. 6.

M/s Sai Highway and Builders Pvt. Ltd., 208, Verma Centre, Boring Road, Patna 800001, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Chitranjan Sinha, PAAG 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 06-04-2023 Heard learned counsels for the respective parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) Quashing of the decision of the Departmental Tender Committee dated 27.09.2019 by which the M/s. Sai Highway and Builders Pvt. Ltd. (Respondent No. 6) has been declared to be Technically Qualified and the Technical Bid has

Patna High Court CWJC No.23235 of 2019 dt.06-04-2023 2/2 been declared responsive contrary to the express requirements of the Notice Inviting Tender;

(ii) Direction upon the Respondents to dispose of the complaint of the petitioner dated 04.10.2019 which has been filed against M/s. Sai Highway and Builders Pvt. Ltd; which complaint is pending till date; and (iii) Direction upon the Respondents to open the Financial Bid and finalize the Tender process in terms of the time limits/ Schedule provided in the Notice Inviting Tender."

3. From perusal of the records, it is evident that there is no interim order staying the operation and process of tender or consequential proceedings. In the absence of the same, one has to draw inference that subject matter of tender must have been executed, therefore, the present petition do not survive for consideration.

4. Accordingly, writ petition stands disposed of as it has become infructuous.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.04.2023 Transmission Date NA