JUDGMENT :

(Chakradhari Sharan Singh, J.)

Short undisputed facts, necessary for adjudication of the dispute raised by the petitioner in the present writ application filed under Article 226 of the Constitution of India, are as under;

2. The Bihar State Food and Civil Supplies Corporation Limited, Gopalganj (BSFC Gopalganj), is the sole agency nominated by the Government of Bihar to carry out storage and transportation of food grains and other civil supply items meant for distribution through Targeted Public Distribution System (TPDS), which involves movement of food grain intra-district and inter-district. Transportation-cum-handling contractors were to be selected to transport food grains from FCI depot/ BSFC CMR godown to BSFC TPDS godowns. For the purpose of selection of two transportation-cum-handling contractors, BSFC Gopalganj came out with a Notice Inviting Tender (NIT) No. 3/2021-22. The petitioner amongst others had submitted his bid. The petitioner’s technical bid was rejected by the competent authority, i.e., District Transport Committee on 12.01.2022. The petitioner did not raise any objection against rejection of his technical bid. The District Transport Committee accordingly considered financial bid. Two bidders including respondent no. 11 (L-01) qualified. The second lowest bidder (L-02), however, refused to work. As the L-02 had refused, L-01 (Respondent no. 11) was asked to place 70 trucks for carrying out the work i.e., 35 of his own and 35 for carrying out work of L-02, also. As the respondent No. 11 expressed his incapacity and unwillingness to provide 70 trucks, the District Transport Committee declined to award the contract in favor of respondent no. 11 and decided for canceling the said NIT no. 3/2021-22. Respondent No. 11 preferred appeal against the said decision of the District Transport Committee dated 12.01.2022 before the Managing Director, BSFC. In the meanwhile, a re-tender, NIT no. 4/2021-22 for the same work was published on 21.03.2022, apparently because respondent no. 11 had expressed his inability to provide 70 trucks for carrying out the work, which was required to be done by two successful bidders. The NIT no. 4/2021-22 was also canceled subsequently due to certain reasons.

3. The appellate authority, by an order dated 24.05.2022 allowed the appeal of respondent no 11 by setting aside the decision of the District Transport Committee dated 12.01.2022 with a direction to the District Manager, BSFC Gopalganj to execute the agreement and issue work order in favour of respondent no. 11. Complying with the direction of the appellate authority, the District Manager, SFC, Gopalganj, executed an agreement with respondent no. 11 on 05.08.2022 and accordingly work order was issued on the same date, i.e., 05.08.2022 in his favour. Respondent No. 11 is, thus, carrying out the work of transportation cum handling of the food grains in accordance with the requirement under NIT no. 03/2021-22.

4. The petitioner, whose technical bid was rejected by the District Transport Committee, has filed the present writ petition putting to challenge the appellate order dated 24.05.2022 passed by the State Transport Committee issued under the signature of the Managing Director cum Chairman, BSFC, Bihar, and the Chief General Manager (Procurement) cum-Member, BSFC, Bihar. The petitioner claims that he has filed a representation on 14.01.2022 before the State Transport Committee BSFC alleging irregularities committed by the District Transport Committee in the process of award of tender. The said representation was, however, overlooked, according to the petitioner. The petitioner is seeking a direction from this Court to the BSFC to float a fresh tender as the re-tender floated on 21.03.2022 came to be cancelled.

5. The facts noted above are the foundational facts based on which the petitioner is seeking the above mentioned reliefs.

6. We have heard Mr. Y.V. Giri, learned Senior Counsel assisted by Mr. Ashish Giri, learned c