Mahadev Rocks Products Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.762 of 2020 ====================================================== Mahadev Rocks Products Pvt. Ltd. a registered company having its registered office at SY. No. 74/1 C, 75/1, 76, Kumbaranahali Village, Kasba Hobli, Anekal, Taluk Bangalore, Karnataka-562106 through its authorised representative namely Dalip Singh, Male aged about 32 years, S/o Late Ram Singh, resident of Village and P.o.- Deenwa Ladkhani, district- Sikar (Rajasthan) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary cum Commissioner, Department of Mines and Geology, Govt. of Bihar, Patna 2.

The Principal Secretary cum Commissioner Department of Mines and Geology, Govt. of Bihar, patna 3.

The Director Department of Mines and Geology, Govt. of Bihar, Patna 4.

The District Magistrate cum Collector Nawadah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha ( GA7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-05-2022 Petitioner has prayed for the following relief(s): "a) For holding and declaring the further financial bidding after almost 6 hours of the last bid of the petitioner having become final conducted by the respondent department of mines and geology Bihar Patna with respect to unit 3 relating to Panchane River in the district of Nawadah to be violative of clause 9 of the notice inviting tender and also infringement of crystallised right of settlement belonging to the

Patna High Court CWJC No.762 of 2020(3) dt.18-05-2022 2/3 petitioner;

b) For issuance of writ or order or direction upon the respondents to confirm the settlement of unit 3 relating to Panchane River in the district of Nawadah in favour of the petitioner and to carry out all the required formalities of issuance of letter of acceptance, execution of agreement etc in terms of the notice inviting tender;

c) for further holding and a declaration that the terms and conditions of the notice inviting tender would be the rules of tender binding on all including the respondent department of mines and geology and it's authorities;

d) for holding and a declaration that the condition of clause 9 of the notice inviting tender having nothing incorporated in it to enable and facilitate any reopening of the financial bidding process by the respondent department of mines and geology and it's authorities the action of reopening the financial bid after almost 6 hours of the last bidding made the petitioner is absolutely illegal, arbitrary, unfair and unreasonable in the eye of law;

e) For grant of any other relief or reliefs to which the petitioner is found entitled in the facts and circumstances of this case."

Learned counsel for the petitioner, under instructions, states that, in view of the intervening developments, the petition

Patna High Court CWJC No.762 of 2020(3) dt.18-05-2022 3/3 may be permitted to be withdrawn.

Prayer allowed.

Petition is disposed of as withdrawn.

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

(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/DKS U