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2016 Supreme(Pat) 1434

HEMANT GUPTA, ARVIND SRIVASTAVA
Dhanesh Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sunil Kumar
For the Respondents: P.K. Verma, Saroj Kumar Sharma and Mankeshwar Tiwari

JUDGMENT :

Hemant Gupta, J.

1. The petitioners have invoked the writ jurisdiction of this Court in public interest for a direction to the respondents to start production from the "Bacterial Vaccine Production Plant" installed in the Institute of Animal Health and Production, Bihar. In the counter affidavit filed, it was stated that a contract was given to M/s. J.H. Bio Innovation Pvt. Ltd. for installation and commissioning of Bacterial Vaccine Production Plant in March, 2013, but the tender was cancelled on account of irregularities and illegalities committed. The Company challenged the cancellation of tender by way of writ application before this Court. This Court remitted the matter to the Principal Secretary, Animal Husbandry Fisheries Department, Bihar to examine the issue, verify the facts and take a decision and act accordingly by recording a reasoned and speaking order. It is thereafter, the claim of the Company was rejected on 21st December, 2015 finding irregularities and illegalities in the tender process. It is, thus, pointed out that it is not possible to make payment to the Company in question or possible to purchase a new machine for the plant through fresh tender as n




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