Rajeev Ranjan Prasad, J. – This writ application has been preferred with prayer to quash the proceeding dated 03.11.2018 as contained in Annexure-P/1 to the writ application by which the objection filed by the petitioner against private respondent no. 10 in connection with tender notice bearing NIT No. 825 dated 11.07.2018 issued by Bihar State Food & Civil Supplies Corporation Limited (hereinafter referred to as the ‘Corporation’), Khagaria has been rejected. The NIT in question has been issued by the Corporation for appointment of one Transporter cum Handling Contractor (Main) and four Transporter cum Handling and Delivering Contractor (DSD) in the revenue district of Khagaria of the Corporation.

2. It is the case of the petitioner that in terms of Clause- 8(ii) of the NIT, the certificate of immovable property worth not less than Rs. 25 Lakhs issued by the competent authority not below the rank of S.D.O./C.O. was required to be submitted but the private respondent has submitted the certificate of immovable property which does not contain any issue number.

3. Further contention of the petitioner is that as per Clause-8(iii) of the NIT, affidavit by the bidder has to be submitted, sworn before Executive Magistrate. The respondent no. 10 has submitted affidavit sworn before the Notary Public, therefore technical bid of respondent no. 10 was liable to be rejected.

4. The petitioner has also contended before this court that in terms of sub-clause-(ix) of Clause 10 the NIT the respondent had not submitted the required documents duly certified by the District Transport Officer of the concerned district. It is submitted that the objection of the petitioner has been rejected by the tender committed without appreciating that Clause-8(iii) as well as sub-clause (ix) of Clause 10 are the mandatory conditions of NIT which were required to be complied with failing which the technical bid was liable to be rejected.

5. By fling an Interlocutory Application the petitioner has informed this court that the District Transport Committee headed by the District Magistrate has considered the financial bids and found that respondent no. 10 had given the lowest rate, therefore he has been finally selected and recommended for appointment as Transport cum Handling Contractor (Main). An agreement has also been executed accordingly with respondent no. 10.

6. By filing I.A. No. 8782/2018, petitioner has sought to amend the writ application with a prayer to quash the letter no. 1292 dated 08.11.2018 by which the petitioner and one other participant had been directed to be present in the opening of the financial bid of the tender in question.

7. Since the financial bid has already been opened, in the opinion of this court, I.A. No. 8782/2018 has become infructuous. I.A. No. 8945/2018 has been filed to quash the subsequent decision of selection of the respondent no. 10.

8. A counter affidavit has been filed on behalf of respondent no. 7 to 9 sworn by the District Manager, State Food Corporation. In the counter affidavit, it is submitted that the financial bids of three bidders were opened and respondent no. 10 being the lowest rate being L-1 among all the three bidders has been finally selected. A complete copy of NIT has been brought on record as Annexure-9 with the supplementary affidavit filed on behalf of the petitioner and it has been pointed out that Clause-10 of the NIT stipulates the disqualification conditions. Clause-10(xii) prescribes a condition that tender papers not accompanied with all the schedules/annexures, document as detailed in check list (Annexure), the same shall be liable to be rejected.

9. It is stated in paragraph-8 of the supplementary affidavit filed by the petitioner that the respondent no. 10 has not met the mandatory conditions which are enlisted hereunder: –

a. The Private respondent no. 10 submitted the details of the 10 trucks, owned by him.

b. The road permit submitted in connection with Truck having registered number BEQ-9619, is