Advocates:
['Kundan Kumar Ojha', '', 'Ravi Kumar Singh', 'LALIT KISHORE AG']

IIN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8734 of 2020

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Braj Bihari S/o-Lakshmi Narayan Rai, Resident of Vill and P.O.-Chatursi,

P.S.-Minapur, Dist.-Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar. Old

Secretariat, Patna.

2.

The Principal Secretary, Rural Works Department, Government of Bihar,

Patna.

3.

The Additional Chief Executive Officer-Cum-Secretary, Bihar Rural Road

Development Agency, Rural Works Department, Government of Bihar,

Patna.

4.

The Engineer in Chief, Rural Works Department, Government of Bihar,

Patna.

5.

The Chief Engineer-3, Rural Works Department, Government of Bihar,

Patna.

6.

The Superintending Engineer, Rural Works Department, Work Circle

Muzaffarpur Cum-The Chairman of Technical Bid Committee, Rural Works

Div. Muzaffarpur.

7.

The Executive Engineer, Rural Works Department, Works Div. Muzaffarpur

East-2.

8.

The Executive Engineer, Rural Works Department, Works Div. Muzaffarpur

West.

9.

The Technical Advisor, Rural Works Department, Works Circle-

Muzaffarpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Kundan Kumar Ojha, Adv.

For the Respondent/s

:

Mr.Prabhu Narayan Sharma Adv.

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 07-01-2021

Heard learned counsel for the petitioner and the State.

The Engineer-in-Chief Rural Works Department

Bihar on 28.11.2019 invited tender on behalf of the Govt. of

Patna High Court CWJC No.8734 of 2020 dt.07-01-2021

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Bihar through E-procurement online system, (SBD based)

from bonafide approved and eligible contractors registered

with the specified Department for the MMGSY works

including maintenance for 5 years after construction of

work. The petitioner has submitted his bid in respect of the

various tenders identified by an identification number.

Altogether seven tender bids were submitted by the

petitioner. The tender bids in respect of tender I.D. No

84461, 84468, 84471 and 84492 have been declared

disqualified.

The short submission of the petitioner counsel is that

the disqualification has been taken in the decision of the

technical bid Committee dated 05.03.2020 by specifying a

reason that the Advocate Welfare Stamp fee (Rs 25) was

not affixed in the affidavit submitted in respect of the tender

I.Ds, and as such, this deficiency disqualified the

petitioner’s bid. He further submits that such rejection is not

sustainable. He refers to a communication of the Rural

Works Department dated 31.01.2020 to submit, that as per

the same, the Department on 31.01.2020 took a decision

that hereinafter the requirement of affixing Advocate

Patna High Court CWJC No.8734 of 2020 dt.07-01-2021

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Welfare Stamp (Rs 25) on the affidavit would be specified

in the standard bidding document for the tenderers. Relying

on this communication, he submits that since the

petitioner’s tender was submitted in response to the

advertisement issued prior to 31.01.2020 the requirement of

affixing Advocate Welfare Stamp of Twenty Five Rupees on

the affidavit could not be enforced, and as such, non supply

of Advocate Welfare Stamp for Twenty Five Rupees cannot

be treated as disqualification.

A counter affidavit has been filed on behalf of the

State. The learned State counsel has drawn the attention of

the Court towards Annexure-D i.e. the Gazette notification

dated 25.2.2019 , whereby, Bihar Advocates’ Welfare Fund

Amendment Act was notified. The same amended the

amount of the Advocate Welfare fund stamp to be “Twenty

Five Rupees” in place of “Fifteen Rupees”. It is his

submission that from the date of the said notification

amended stamp fee Rs 25/- was a standard requirement

enforcea