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2023 Supreme(Online)(Pat) 10958

PATNA HIGH COURT
M/s Star Construction Balua Tal Motihari – Appellant
Versus
The State of Bihar – Respondent


CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 20-04-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed claiming the following reliefs :-

i. For setting aside the decision of the Technical Bid Committee as contained in Memo No. 4073 dated 21.12.2022 which is completely without jurisdiction as same was held after opening of the financial bid wherein the petitioner was declared L1 but even then by the said order the Technical Bid Committee recommended for cancellation of tender and re-tender on the basis of single successful bidder which was not applicable at this stage.

ii. For setting aside the Re-tender bearing Short Inviting Tender RWD / MR 3054 / 03 / E- Tender / 2022-23 issued with the signature of Executive Engineer, Rural Works Department, West, Division Raxaul, as the re-tender has been issued only after the petitioner was declared L-1 in the Financial Bid.

iii. For issuance of direction to the respondent authorities to execute agreement with the petitioner with respect to Tender ID 2022 EC BIH 1185574- 1, for which financial bid was opened on 26.08.2022 and the petitioner was declare

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