ORDER :

Anil Kumar Sinha, J.

1. Heard Mr. P.K. Shahi, learned senior counsel assisted by Mr. Apurv Harsh, learned counsel for the petitioner and Mr. Lalit Kishore, learned senior counsel assisted by Mr. Rabindra Kumar Priyadarshi, learned counsel appearing for the respondents-Bihar Urban Infrastructure Development Corporation Ltd.

2. Learned senior counsel for the petitioner at the very outset submits that the petitioner will not claim consideration of his bid and is no more interested in the award of the present work contract. The petitioner confines its prayer against "blacklisting" and release of earnest deposit only.

3. By filing the present writ application the petitioner has prayed for quashing of the order dated 04.11.2020 (Annexure - "14" to the writ application) issued by Respondent No. 2/Chief Engineer, Design, Planning and Monitoring, BUIDCo whereby petitioner's company has been "blacklisted" for all work contracts of the concerned Department. Petitioner has further prayed that the respondents may be directed to release the earnest money of Rs. 3,40,00,0000 (Three Crore Forty Lakh) deposited by the petitioner in the form of Bank Guarantee.

4. The respondents-Bihar Urban Infrastructure Development Corporation (hereinafter referred to as the "BUIDCo") vide NIT No. BUIDCo/Yo-1234/2019-54 (IN-NMCG-102757-CW-RFB) dated 05.08.2019 invited project/works contract for (i) design and building of Sewage Treatment Plant with capacity of 30 MLD including MPS (45 MLD) and all appurtenant structures and allied works; (ii) survey, review of designs, redesign where necessary and for building new underground sewerage network of about 167.23 KM length including trenchless and survey, design, construction of 5 No. pumping stations and all appurtenant structures and allied works; and (iii) operation and maintenance of the complete works of sewage treatment plant, sewerage network and pumping stations at Munger, Bihar.

5. The petitioner in pursuance of the NIT participated in this bid in the name of LC Infra Enviro PCS Joint Venture and uploaded its bid on 07.01.2020 along with all supporting documents as required in the NIT dated 05.08.2019 in pursuance of the invitation for bids floated by the respondent-BUIDCo. The petitioner. also furnished the bid security amount of Rs. 3.4 Crore by way of bank guarantee. Under Clause Section 01, 1.4(a)(5B) of the bid document, qualification criteria with respect to experience in construction, operation and maintenance of the Sewage Treatment Plant and Sewerage Network is laid down. As per the aforesaid the bidder was supposed to provide evidence that the bidder had designed, developed, built, tested and commissioned at least 1 Sewage Pumping Station of 27 MLD capacity during the last 07 years preceding the bid submission date. The petitioner in pursuance of the aforesaid requirement submitted certificate of experience dated 31.05.2016 for the work undertaken for Ajmer Development Authority which was executed by the JV partner Enviro Infra Engineer Pvt. Ltd. of 40 MLD capacity pumping station which was beyond the required parameter. A copy of the experience certificate dated 31.05.2016 is attached as Annexure - "5" to the present writ petition. The petitioner in pursuance of the condition mentioned in Annexure-A, Part H Section 1.4(a) (1 and 2) was required to provide proof of successfully designing, developing, building, testing and commissioning at least 01 treatment plant of 22 MLD capacity and for this requirement the petitioner submitted experience certificate dated 05.07.2016 for successfully designing, developing, building, testing and commissioning of 52 MLD Sewerage Treatment Plant at Bhatinda where the joint venture partner namely Enviro Infratech Engineers Pvt. Ltd. had done 49% of the entire work which is more than the prescribed requirement.

6. Further case of the petitioner is that with respect to subsequent condition No. 6A and 6B, the petitioner duly provided work certificate dated 12.10.20