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2019 Supreme(Jhk) 1019

H.C.MISHRA, SANJAY KUMAR DWIVEDI
Balaji Enterprises, Lucknow – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sumeet Gadodia, Mr. Indrajit Sinha.
For the Respondents: Mr. Ajit Kumar, Ms. Aprajita Bhardwaj, Mr. Anil Kr. Sinha, Mrs. Sweety Topno.

JUDGMENT :

H.C. MISHRA, J.

1. Both these appeals arise out of the common Judgment dated 2.08.2018, passed by the Writ Court, in W.P. (C) No. 986 of 2018 and W.P. (C) No. 888 of 2018, whereby both the writ applications were disposed of, quashing the decision dated 8.2.2018, taken by the Departmental Tender Committee, rejecting the bids of the writ petitioner, and the matter was remanded to the Departmental Tender Committee to take the decision afresh, after providing an opportunity of hearing to the petitioner/his representative.

2. It may be stated that the matter relates to award of contract for the purpose of collection of user fee through fee collecting agency, on two spans of the State Highway, one being from KMs 5 to KMs 780 of Kandra-Chowka Section, and the other being in the State Highway No. 5 from KM 0.00 to 47.86 in Chaibasa-Kandra Section. The appellant in both these appeals was not a party to the writ applications and as such, his prayer for leave to challenge the impugned order passed in the writ applications was challenged at the very first instance, when these appeals were taken up by a co-ordinate Bench on 20.12.2018. Upon hearing the parties, including the writ petiti

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