IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18501 of 2016 ======================================================

M/s Gungun Enterprises, Gangotri Kunj, back of Bhawani Market, Ambedkar Path, Bailey Road, Patna, through Rina Sinha D/o - Sri Bachan Lal Srivastava R/v - New Jakkanpur, Mithapur, B - area, P.S. - Jakkanpur, Distt. - Patna.

... ... Petitioner/s Versus

1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The District Magistrate, Patna.

3. The Additional Collector, Collectorate, Patna.

4. The Deputy Collector, District Najarat Branch Collectorate, Patna.

5. The Protocal Officer, District Protocol Branch, Patna.

6. Principal Secretary, Revenue Department, Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : M/s Vijay Kumar Sinha A.K.Srivastava S.K.Bhatnagar K.M.Prasad, Advocates For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP 14 ======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

ORAL JUDGMENT

Date : 13-05-2025

1. The petitioner has filed the Writ application for the following reliefs: “That this writ application is being filed for issuance of an appropriate writ or writs commanding/ directing the respondents to revoke the order dated 16.10.2016 issued by the District Magistrate, Patna vide letter no.- 531 dated 18.10.2016 by which the tender allotted to M/s Gungun Enterprises dated 10.06.2016 was cancelled for supplying of A.C. and Non-A.C. car for the State guest of District Protocol Branch, Patna Collectorate, Patna and further pleased to quash the letter no,- 531 dated 18.10.2016 issued by the District Magistrate, Patna (Annexure-6) of the this petition by which the work order allotted to the petitioner was cancelled by the District Magistrate, Patna.”

2. The brief facts culled out of the petition are that the petitioner is a partner in M/s Gungun Enterprises, which was registered under the Bihar Shops and Establishments Act, 1953 on 01.09.2010 (Registration No. PT68490) with the Labour Superintendent, Patna, initially registered as a proprietorship under Manoranjan Kumar Sinha, the firm was later converted into a partnership between Manoranjan Kumar Sinha and Smt. Rina Sinha through a registered partnership deed executed on 01.12.2015, with both partners holding a 50% share in capital and profits. The partnership was formed for conducting business in the tour and travel sector and other related services.

3. It is submitted by the petitioner in the Writ petition that on 05.03.2016, M/s Gungun Enterprises was awarded a tender by the District Najarat Branch, Patna Collectorate, for providing AC and non-AC Tata Indica and Indigo cars. The District Purchase Committee approved the rates submitted by the petitioner, and vide letter dated 01.06.2016, the petitioner was directed to present 12 vehicles for verification. No complaints were received regarding the services rendered, and the firm continued to operate satisfactorily under the contract. Subsequently, on 10.06.2016, the District Protocol Branch, Patna Collectorate, floated a fresh tender for vehicle supply. The petitioner submitted its technical and financial bid on the same day. The bid was accepted, and a work order was issued on 15.06.2016 (Annexure-5) for a period from 13.06.2016 to 12.06.2017. M/s Gungun Enterprises commenced vehicle supply to the District Protocol Branch, and the services were carried out without any complaints from ofÏcials or guests. However, a third party, Ritesh Kumar Raj, filed a complaint alleging that Manoranjan Kumar Sinha, one of the partners in M/s Gungun Enterprises, was the same person who previously operated M/s Gangotri Tour and Travels, which had been blacklisted on 06.09.2005. Acting on this complaint, the District Magistrate conducted an inquiry and sought clarification from the Labour Superintendent, who confirmed the involvement of Manoranjan Kum