Patna High Court - Orders
M/S Sri Avantika Contractiors (I) Ltd. vs The Union Of India & Ors on 16 October, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4791 of 2014
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M/S Sri Avantika Contractiors (I) Ltd. Having Its Corporate Office At
401/A Wing-D, No. 6-3-352/2 And 3, Astral Heights Complex, Road No. 1,
Banjara Hills, P.S. Pungutta, District Hyderabad And Also Its Branch
Office In Bihar At Vijay Shree, Road No. 5, North Shree Krishnapuri, P.S.
S.K. Puri, Town And District Patna Through Its Authorized Signatory,
Vijay Varma S/O Late S.P. Varma Resident Of 321, Patliputra Colony, P.S.
Patliputra, District Patna.
.... .... Petitioner
Versus
1. The Union Of India, Ministry Of Road Transport And Highways, Having
Its Office At Transport Bhavan, Parliament Street, New Delhi Through The
Secretary, Government Of India.
2. The Secretary, Ministry Of Road Transport And Highways, Government
Of India, Having Its Office At Transport Bhavan, Parliament Street, New
Delhi.
3. The Chief Engineer, P-3, Ministry Of Road Transport And Highways,
Government Of India, Having Its Office At Transport Bhavan, Parliament
Street, New Delhi.
4. The State Of Bihar, Road Construction Department, Visheshwasariya
Bhavan, Bailey Road, Patna Through Its Secretary, Government Of Bihar.
5. The Secretary, Road Construction Department, Government Of Bihar,
Visheshwasariya Bhavan, Bailey Road, Patna.
6. The Regional Officer, Patna, Ministry Of Road Transport And Highways,
Government Of India, Having Its Office At Kidwaipuri, P.S. Budha Colony,
Town And District Patna.
7. The Chief Engineer, National Highway Wing, Patna, Road Construction
Department, Government Of Bihar, Visheshwasariya Bhavan, Bailey Road,
Patna.
8. The Superintending Engineer, National Highway Circle, Bhagalpur.
9. The Executive Engineer, National Highway Division, Bhagalpur.
10. M/S G.R. Infra Projects Ltd., Having Its Corporate Office At First
Floor, Plot No.11, Sector B-1, Lsc Vasant Kunj, New Delhi-110070,
Through Its Director.
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Shashi Anugrah Narayan Sinha, Sr.Adv.
Mr. S.D.Sanjay, Sr.Adv.
Mr. Alok Kumar Agrawal, Adv.
For the Union of India : Mr. S.N.Pathak
For the State : Mr. Ajeet Kumar, Adv.
For the private respondent: Mr. Jitendra Singh, Sr.Adv.
Mr. Mrigank Mauli, Adv.
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
Patna High Court CWJC No.4791 of 2014 (11) dt.16-10-2014 2
11 16-10-2014Heard learned counsel for the parties as with regard to the following relief:
"i) For quashing the communication through e-mail dt.
28.2.2014 by which the respondent intimated the petitioner much belatedly that the RFP document of one M/s G.R.Infra Projects Limited which was earlier rejected before opening the price bid in respect of the work of Bhagalpur Bye Pass in N.H. 80 in Bihar will be opened at 3.00 p.m. on that day, as being wholly illegal, without any authority of law as also contrary to the terms and conditions of the RFP for the said work;
ii) For quashing the decision of the respondents no. 1 to 9 dt. 28.2.2004 uploaded on the Website by which it has not only illegally opened the price bid of the said M/s G.R.Infra Projects Limited but has declared it L-1 for the purpose of grant of LOA, in respect of the work of Bhagalpur Bye Pass in N.H.80 in the State of Bihar as being wholly illegal, arbitrary and contrary to the terms and conditions of the RFP for the said work;
iii) For a direction to the respondents to issue letter of Award in favour of the petitioner without any further delay as the petitioner was declared L-1 on opening of the Price Bid on 23.1.2014 and the Letter of Award was to be issued within 30 days from the date of Bid due date, as per the terms of the RFP;
iv) For restraining the respondents from proceeding further to issue any Letter of Award in favour of respondent no.10 who was earlier declared disqualified before opening of the Price Bid as the action of the Patna High Court CWJC No.4791 of 2014 (11) dt.16-10-2014 3 respondent no. 1 to 9 in opening its price Bid unilaterally is wholly illegal and without any authority of law as also against the terms of the RFP, and for any other relief(s) for which the petitioner may be found entitled to in the facts and circumstances of the present case."
2. Let it be noted that earlier this court on 6.2.2014 while considering the submissions of learned counsel for the petitioner had found a prima-facie case and had thus passed an interim order of stay in course of issuance to notice to Respondent no. 10 who was awarded contract despite the petitioner being the lowest bidder. The relevant part of the order dated 5.3.2014 reads as follows:-
"Learned counsel for the petitioner submits that on the date of opening of the technical bid the tender of respondent No.10 was not found responsive since, according to the information received from the official respondents by the petitioner, it had not submitted either the EMD for the tender work or the entire documents till the time fixed for submission of tenders. It is submitted that the petitioner was the lowest tenderer among the three who qualified at the stage of technical bid, yet after more than a month on February 28th the petitioner was informed that the RFP also of respondent No.10 would be opened on that day at 3.00 P.M.and ultimately the said respondent has been qualified as L-1 bidder and the letter of intent is going to be issued to the said respondent.Patna High Court CWJC No.4791 of 2014 (11) dt.16-10-2014 4
Issue notice to respondent No.10. Requisites both under ordinary process and registered cover with A/D must be filed by 7th March, 2014, failing which the application shall stand rejected without further reference to a Bench.
The notice under ordinary process shall be served upon respondent No.10 through respondent No.9, the Executive Engineer, National Highway Division, Bhagalpur.
As prayed for by learned counsel for the NHAI, put up on 24th March, 2014 in the same position to enable him to file the counter affidavit in the matter.
Until further orders, LOI shall not be issued and in case it has been issued no further step shall be taken pursuant to the same."
3. Pursuant to the aforesaid order dated 5.3.2014 Respondent no. 10 had appeared and filed its counter affidavit in defence of the impugned decision declaring it to be successful bidder. Subsequently by an order dated 17.09.2014 and 19.9.2014 the official Respondents were directed to produce the original records/file.
4. It however appears that a very significant development has taken place during the pendency of this writ application as explained in supplementary affidavit filed by respondent no.10, relevant portion whereof reads as follows:
"3. That the answering deponent is filing the present Patna High Court CWJC No.4791 of 2014 (11) dt.16-10-2014 5 affidavit to bring to the notice of this Hon'ble Court that the answering deponent has asked the Executive Engineer, National Highway Division, RCD, Bhagalpur with copies to Chief Engineer P-3 Morth, New Delhi; Chief Engineer NH Wingh- to release the Bid Security BG submitted by them as they are no longer interested in pursuing the work under the present impugned tender process.
4. That it is submitted that during the pendency of the legal proceeding the Bid Validity period had expired on 14th May 2014 and it had been extended for a period of 90 days up to 11th August 2014 but now that the extended period too has expired the answering respondent is no longer interested in extending the same.
5. That it is thus stated that under the circumstances the answering respondent be allowed to withdraw from the present proceeding."
5. In such a changed situation when Respondent no. 10 on its own volition has sought to withdraw its offer and no formal order of award of work has been issued in favour of Respondent no. 10, this Court without adjudicating the issue for the present would remit the matter back to the competent authority with a direction to take a final decision for award of contract after considering the case of the petitioner, the lowest bidder, strictly in accordance with law, which would of course include the terms and conditions of Notice Inviting Tender.
6. With the aforementioned observation and direction, Patna High Court CWJC No.4791 of 2014 (11) dt.16-10-2014 6 this application is disposed of.
7. The original records produced by the respondents are also hereby returned to the learned counsel for the respondents for enabling the authorities to take expeditious decision.
(Mihir Kumar Jha, J) surendra/-
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