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Patna High Court

Angesh Kumar vs The State Of Bihar And Ors on 4 May, 2023

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Arun Kumar Jha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8265 of 2016
     ======================================================
     Angesh Kumar Son of Late S.P. Singh, resident of Village- Aunta, Police
     Station- Hathidah, District- Patna one of the Partner of M/s Rama
     Construction, At P.O.- Aunta, P.S.- Hathidah, District Patna 803303.

                                                           ... ... Petitioner/s
                                     Versus
1.   The State Of Bihar through the Principal Secretary, Public Health
     Engineering Department, Govt of Bihar, Vishweshwaraiya Bhawan, Bailey
     Road, Patna.
2.   Chief Engineer Civil Public Health Engineering Department Govt. of Bihar,
     Vishweshwaraiya, Bhawan, Bailey Road, Patna
3.   Divisional Chief Engineer, Patna Division, Public Health Engineering
     Department, Govt. of Bihar, Veterinary College, Campus, Patna
4.   Superintending Engineering, Public Health Engineering Department,
     Rajbanshi Nagar, Govt. of Bihar, Patna
5.   Executive Engineer, Public Health Division, Patna East, Patna, Nritya Kala
     Mandir Road, Frazer Road, Patna

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Manish Kumar No-2, Advocate
     For the Respondent/s   :      Mr. Mahendra Prasad Verma, AC to S 20
     ======================================================
         CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                                   and
                  HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                         ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 04-05-2023 Heard learned counsels for the respective parties.

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

"(i) For a direction to the Respondent Authorities to issue work order in favour of the petitioner pursuant to the Tender bearing No. 15/2015-16/PATNA EAST, PATNA/PHED Work No. 1 for construction of 125mm x 40mm x 46M/61M/90M deep tube well with I M- II Hand Pump, Platform and drain including Operation and Maintenance for 5 Patna High Court CWJC No.8265 of 2016 dt.04-05-2023 2/2 years by recommendation of Hon'ble M.L.C. Dr. Ranveer Nandan in Patna District under P.H. Division, Patna East, Patna under State Plan for the year 2014-2015.
(ii) Further direction may be issued to the Respondent Authorities to issue work order in favour of the petitioner pursuant to the Tender bearing No. 15/2015-

16/PATNA EAST, PATNA/PHED Work No. 2 for construction of 125mm x 40mm x 46M/61M/90M deep tube well with I M- II Hand pump, Platform and drain including Operation and Maintenance for 5 years by recommendation of Hon'ble M.L.C. Dr. Suraj Nandan Prasad Kushwaha in Patna District under P.H. Division, Patna East, Patna under State Plan for the year 2014-2015.

(iii) And/or any other relief or reliefs to which the petitioner may be found entitled encourse of hearing of this writ application."

3. Learned counsel for the petitioner fairly submitted that petitioner is the sole bidder. Therefore, the present petition does not survive for consideration in view of policy decision of the respondents to the extent that in the event of single bidder, the authorities have reserved their right to re-notify the tender.

4. In view of these facts and circumstances, the present 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          08.05.2023
Transmission Date       NA