Patna High Court - Orders
Patna Offset Press Near Dharhara Kothi vs The State Of Bihar on 11 May, 2023
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6822 of 2023
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Patna Offset Press near Dharhara Kothi Naya Tola, Patna-800004, through its
Partner Amit Kumar Singh, aged about 44 Years, Male, Son of Late Ram
Naresh Singh, Resident of Naya Tola Dharara Kothi, P.S.-Kadamkuan,
District-Patna-800004.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief Secretary-Cum-Chairman, Bihar State Textbook
Publishing Corporation Limited, Pathya Pustak Bhawan, Budh Marg, Patna.
3. The Bihar State Textbook Publishing Corporation Limited, Pathya Pustak
Bhawan, Budh Marg, Patna through its Managing Director.
4. The Managing Director, the Bihar State Textbook Publishing Corporation
Limited, Pathya Pustak Bhawan, Budh Marg, Patna.
5. The Officer-on-Special Duty, the Bihar State Textbook Publishing
Corporation Limited, Pathya Pustak Bhawan, Budh Marg, Patna.
6. JMD Press, Jakriyapur Opp. Transport Nagar Near Krishna Niketan, Girls
School, Patna 800008.
7. Jaiswal Enterprises, Jaiswal Market, Musallahpur Halt, Patna-800006.
8. Jan Kalyan Press, Naya Tola, Dharara Kothi, Patna-800004.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Vikas Kumar, Advocate
Mr. Sanjiv Kumar, Advocate
For the Respondent/s : Mr. P.K Shahi, Sr. Adv
Ms. Anukriti Jaipuriyar, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 11-05-2023Heard Mr. P.K. Shahi, learned senior counsel assisted by Ms. Anukriti Jaipuriyar, learned Advocate for the Bihar State Textbook Publishing Corporation (hereinafter referred to as the 'Corporation') (respondent no. 3). An Interlocutory Application has been filed on behalf of the Corporation and its authorities. Seeking modification/clarification of the order dated 05.05.2023. Patna High Court CWJC No.6822 of 2023(4) dt.11-05-2023 2/4 In course of argument, learned senior counsel for the Corporation has drawn the attention of this Court towards paragraphs '9' and '10' of the Interlocutory Application. The contention is that the petitioner has not supplied the allotted quantity of books in five districts. It is submitted that presently only three districts have been de-scoped from the scope of work of the petitioner which are Vaishali, Muzaffarpur, and Sheikhpura. The petitioner has still ten districts in its hand for supply of books.
Learned counsel for the petitioner has questioned the decision of the Managing Director of the Corporation as contained in Letter No.1232 dated 28.04.2023 (Annexure '1'). Submission is that the Managing Director of the Corporation has acted arbitrarily in taking away the work from the petitioner and allotting it to the private respondents. Learned counsel has submitted that on perusal of Annexure '1', it would appear that some of the printing press which had not qualified at the technical bid stage such as Sunaina Printing Press, Edwell Press, Shri Shri Mudran Press and General Offset Printing Press have been allotted works after taking away those works from the earlier printers who had been selected through the tender process.
Patna High Court CWJC No.6822 of 2023(4) dt.11-05-2023 3/4 As regards the private respondent No. 6, it is submitted that the said respondent was also disqualified at the technical bid stage but later on, he had been shown qualified by virtue of an order of the Additional Chief Secretary of the Education Department who is also the Chairman of the Corporation.
Learned counsel submits at this stage that when the godown of the petitioner was inspected yesterday, the authorities of the Corporation themselves found that at least 462 bags were lying in sealed conditions for sending supply to Vaishali and Muzaffarpur. It is submitted that in the meantime total supplies have been sent to Kishanganj and Jamui districts. Learned counsel submits that the petitioner is ready to complete the supply to Vaishali and Muzaffarpur districts within one week and thereafter will immediately make supply to Sheikhpura district also.
One of the submissions of learned counsel for the petitioner is that the petitioner has been arbitrarily picked out and works are being taken away from him whereas the printers who are similarly situated like new Ratanpriya, the Gandhi Enterprises and Alankar Printers have not been touched.
Let this matter be listed tomorrow i.e. 12.05.2023 Patna High Court CWJC No.6822 of 2023(4) dt.11-05-2023 4/4 under the same heading at 02:15 PM.
Learned Counsel for the petitioner shall file affidavit giving his complete plan within which he may make supply of the entire books to all the districts.
For the present, the work order issued in favour of respondent nos. 6 and 7 shall not be executed and given effect to by the Corporation.
This Court permits learned counsel for the petitioner to serve Dasti notice upon respondent no. 7, requisites for which must be filed by tomorrow i.e. 12.05.2023. On filing of the requisites, the office shall handover the Dasti notice to learned counsel for the petitioner for service.
(Rajeev Ranjan Prasad, J) ravikr/-
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