Kashish Developers Limited vs The State Of Bihar And Ors on 8 March, 2019

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Patna High Court - Orders

Kashish Developers Limited vs The State Of Bihar And Ors on 8 March, 2019

Bench: Rajeev Ranjan Prasad

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4531 of 2019
                 ======================================================
                 Kashish Developers Limited Registered office at 87 Old AG Colony, Kadru,
                 Ranchi, Jharkhand-834002, Local address at -201, Kamla Sadan Apartment,
                 Punai Chak, Distt.- Patna, through Chandan Kumar aged about 41 years,
                 Gender Male DGM Administration, Son of Sri Indradev Singh, Res. of Vill.-
                 Barauni, P.O. and P.S.- Teghra, Distt.- Begusarai.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar and Ors through Principal Secretary Cum Commissioner,
                 Building Construction Department, Govt. of Bihar, Patna.
           2.    The Engineer in Chief Cum Additional Commissioner Cum Special
                 Secretary Building Construction Department, Govt. of Bihar, Patna.
           3.    The Chief Engineer (South) Building Construction Department, Govt. of
                 Bihar, Patna.
           4.    The Executive Engineer Building Division Gaya, Building Construction
                 Department, Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. P. K. Shahi, Sr.Adv.
                                              Mr.Ranjeet Kumar, Adv.
                                              Ms. Ranjeeta Singh,Adv.
                 For the Respondent/s   :     Mr.Uday Shankar Sharan Singh (GP19)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

2   08-03-2019

Learned senior counsel representing the petitioner has challenged the impugned order, as contained in memo no.267 dated 21.02.2019 issued by the Chief Engineer (South), Building Construction Department, Bihar on mainly two grounds; firstly that despite there being a direction of this Court in CWJC No.319 of 2019 to consider the objections of the petitioner dated 29.11.2018, the same has not been considered and then that the order dated 21.02.2019 has been issued backdating, the same has been notified only on 26.02.2019 with Patna High Court CWJC No.4531 of 2019(2) dt.08-03-2019 2/2 a sole intention to debar the petitioner from participating in the bid in question. It is contended that the reason as to why the impugned order has been backdated in the date of 21.02.2019 is that on 22.02.2019 this Court in CWJC No.3568 of 2019 had granted interim order of stay, therefore, to circumvent that order the impugned order has been backdated.

In the nature of the submissions advanced on behalf fo the petitioner, learned counsel for the State prays for four weeks time to file a counter affidavit.

Time is granted.

List this case on 9th April, 2019 under the same heading.

Till then, the impugned order shall remain stayed.

(Rajeev Ranjan Prasad, J) arvind/-

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Patna High Court - Orders