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2016 Supreme(Pat) 1285

VIKASH JAIN, HEMANT GUPTA
Baidyanath Singh, S/o. Late Gonour Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajendra Narayan Sinha, Senior Advocate and Mr. Nityanand, Advocate
For the Respondent: Mr. Dhurendra Kumar, A.C. to G.P.-5

JUDGMENT :

Hemant Gupta, J.

1. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 8th of September, 2016 in C.W.J.C. No. 14165 of 2016 whereby, the writ application seeking quashing of the order dated 23rd of April, 2016 whereby, the contract of food articles for supply in jail was recalled and it was decided to call for the fresh tender, was dismissed.

2. A tender was invited on 27th of January, 2016 by the Superintendent, Shahid Khudiram Bose Central Jail, Muzaffarpur for supply of general food and other miscellaneous articles. The appellant submitted his tender including certificate of registration under the Food Safety and Standard Act, 2006 (hereinafter referred to as "the Act"). The tender of the appellant in respect of some items was accepted and the appellant was directed to deposit a sum of Rs. 44,65,000/- i.e. 10 per cent of the total estimated amount for the Financial Year 2016-17 as earnest money in the form of Bank Guarantee. The appellant deposited the said amount but the tender was cancelled on 23rd of April, 2016 when even after request of the appellant for grant of time to produce the licence from Food








































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