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2012 Supreme(Pat) 1490

J.N.SINGH
Mother India Construction Private Limited – Appellant
Versus
State of Bihar through the Principal Secretary – Respondent


Advocates appeared:
For the Petitioner: M/s Shashi Anugrah Narain, Shivendra Kishore, Jai Kishore Poddar, Rajeev Ranjan (in both).
For the Respondents: M/s Sunil Kr. Mandal, Bipin Kumar (in 9155), Mr. Jaishankar Barnwal (in 9273).
For the Intervener : M/s Ashok Kumar Chaudhary, Raghwendra Kumar (in 9155).

JUDGMENT

1. These two writ applications have been filed by the same petitioner challenging the orders passed by the respondent Engineer-in-Chief canceling the decision of the Departmental Tender Committee in respect of two tenders on identical grounds. Except for the date of NIT and number, and few other dates, the facts are identical. Hence, the matters were taken up for hearing together for being disposed of by a common judgment.

2. In both the writ applications the representation of the petitioner before the Principal Secretary of the Department was pending. Hence, this Court allowed time for its disposal while adjourning the matter for another date. The representations were disposed of and rejected by the Principal Secretary which were placed on record through I.A. applications filed in the respective cases with a prayer for liberty to challenge the same also which were allowed in both the writ applications.

3. In the first writ application, the impugned orders are: (i) Annexure-1, i.e. the letter no. 1009 dated 13.4.2012 of Engineer-in-Chief addressed to the Chief Engineer, Water Resources Department, Siwan, informing him that the decision of Departmental Tender Committee dated 1






















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