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2020 Supreme(Pat) 645

PRABHAT KUMAR JHA
Dhanlaxmi Electricals Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s P.K. Shahi, Sr. Adv., Saket Tiwary, Saket Gupta.
For the Respondents: M/s Lalit Kishore, Sr. Adv., Anand Kumar Ojha.
For Res. No.6 : Mr. Mrigank Mauli.
For the State : Mr. Vinay Kirti Singh, Sr. Adv.

ORDER

The petitioner in this writ petition seeks following reliefs:—

(i) In the nature of certiorari to quash Letter No.283, dated 28.08.2020, by which the respondents, South Bihar Power Distribution Company Limited has declared the petitioner to be L3 despite making a bid of the lowest amount and earlier being declared as L1 (Annexure-1).

(ii) In the nature of mandamus directing the respondent, South Bihar Power Distribution Company Limited to award the work as mentioned in NIT No.16/PR/SBPDCL/2020 to the petitioner.

(iii) During pendency of this application, stay the operation of Letter No.283, dated 28.08.2020 and NIT No.16/PR/SBPDCL/2020, issued by the South Bihar Power Distribution Company Limited.

(iv) For any other relief which the petitioner is entitled in the facts and circumstances of the case.

The petitioner by filing I.A. No.1 of 2020 seeks further reliefs:

(v) To set aside the Board Resolution dated 02.09.2020 made by the board of the South Bihar Power Distribution Company Limited by which the work of construction of four number 2X10 MVA, 33/11 KV GIS PSS with associated 33 KV & 11 KV lines and all associated works in PESU area of Patna District against tender being 16/PR/SBP

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