IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.420 of 2023

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M/S J.M.D. Press, a Proprietary Firm located near Krishna Niketan Girls

School Patna, P.S.- Kadamkuan, District- Patna through its Proprietor Satish

Kumar (male), aged about 57 years, Son of Late Kesho Lal, Resident of

Patliputra Path, Rajendra Nagar, Central Bank of India Building, P.S.-

Kadamkuan, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Education Department,

Bihar, Patna.

2.

The Bihar State Text Book Publishing Corporation Limted, an undertaking

of Bihar Government, through its Managing Director Pathya Pushtak

Bhavan, Buddha Marg, Patna.

3.

The Officer of Special Duty, Bihar State Text Book Corporation Ltd,

Buddha Marg, Patna.

4.

The Additional Chief Secretary, Bihar State Text Book publication

Corporation, Buddha Marg, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Yogesh Chandra Verma, Sr. Advocate

Mr. S. K. Ranjan, Advocate

For the Respondent/s

:

Mr. Kameshwar Kumar, GP-17

For the Corporation

:

Ms. Anukriti Jaipuriyar, Advocate

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

and

HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

2

13-01-2023

Heard Mr. Yogesh Chandra Verma, learned senior

counsel, duly assisted by Mr. S K Ranjan, learned counsel for

the petitioner, Mr. Kameshwar Kumar, learned GP-17 and Ms.

Anukriti Jaipuriyar, learned counsel for the Bihar State Text

Book Publishing Corporation through video conferencing.

2. The present writ petition has been filed for the

following reliefs:

Patna High Court CWJC No.420 of 2023(2) dt.13-01-2023

2/4

“(A) A writ in the nature of

MANDAMUS or any other appropriate

writ/s, order/s direction commanding the

respondents for the following:

i. To consider the E-tender submitted

by the petitioner in response to the E-tender

NIT Ref: BSTBPC/E-Tender/SSA Textbooks

class I to VIII/2023 -24/733 dated – 25-10-

2022 issued by the Bihar State Text Book

Publishing Corporation Limited.

ii. To hold amendments made on

09.11.2022 and 10.11.2022 in the E-Tender

amount to altering the terms of the original

E-Tender and the same to be not permissible.

iii. To hold non – consideration of the

E-tender submitted by the Petitioner in

response to the above E-Tender dated

25.10.2022 to be arbitrary, malafide, unjust,

unfair, discriminatory and on non-est

ground.

iv. To accept the tender submitted by

the petitioner in pursuance to E-tender

referred to above dated 25.10.2022.

v. To restrain the Respondents from

distributing work to persons whose tender

are said to have been accepted on

23.12.2022.

B. To any other relief/s to which

petitioner is found entitled to.”

Patna High Court CWJC No.420 of 2023(2) dt.13-01-2023

3/4

3. After some argument, learned senior counsel

appearing on behalf of the petitioner submits that for redressal

of the grievance, the petitioner filed a detailed representation

before the Additional Chief Secretary, Education Department, as

contained in Annexure 7 to the writ petition. It is submitted that

the petitioner would be satisfied if the writ petition would be

disposed of with a direction to the concerned respondent for

disposal of the representation.

4. Ms. Anukriti Jaipuriyar, learned counsel for the

Bihar State Textbook Publishing Corporation has no objection.

5. In view of the limited prayer made on behalf of the

learned counsel for the petitioner, the present writ application

stands disposed off with a direction to the respondent no. 1

(Principal Secretary, Education Department) now Additional

Chief