IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7138 of 2020

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Munna Kumar Jaiswal S/o Shankar Prasad, Resident of Mirja Tola, Bagaha,

P.S.- Bagaha, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department,

Government of Bihar, Patna.

2.

The Project Manager (M.R. Cell), Rural Works Department, Government of

Bihar, Patna.

3.

The Superintending Engineer, Work Circle, Bettiah, West Champaran, Rural

Works Department, District- Bettiah.

4.

The Chief Engineer, Rural Works Department, Govt. of Bihar, Patna.

5.

The Secretary to the Engineer in Chief (Technical) Rural Works Department,

Government of Bihar.

6.

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

Patna.

7.

The Executive Engineer, Rural Works Division, Bagaha-1, District- West

Champaran.

8.

M/s Maa Bindyavashini Construction through Birendra Tiwary, Partners at

Jogiraha Thakraha, P.S.- Thakraha, District- West Champaran.

... ... Respondent/s

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Appearance :

For the Petitioner

:

Mr.Braj Kishore Singh Chouhan, Adv.

For the Respondents

:

Mr. Satya Vrat, AC to GP-10

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL JUDGMENT

Date : 08-02-2021

The present writ petition has been filed

seeking the following reliefs:-

" For quashing the Tender decided in

favour of the respondent no. 8 on the

basis of resubmitted tender on

24.02.2020, which is completely in

violation of the terms and conditions /

contained in notice inviting tender to

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undertake initial rectification work

including the surface renewal works on

selected roads as described in para no.

9 of the notice inviting tender."

2.

The brief facts of the case are that a notice

inviting tender was floated via e-tendering on

16.01.2020 to undertake initial rectification work

including the surface renewal works on selected

roads as described therein. The petitioner is stated

to have submitted his tender bid. However, it is

submitted that the private respondent no. 8 had

submitted e-tender on 23.02.2020, but had not

complied with the norms, whereafter it had

resubmitted the tender on 24.02.2020 through e-

filing, but had never produced the original

documents and papers, however, work order has

been illegally issued to the private respondent no.

8 and an agreement has been entered into on

31.07.2020, after the respondent no. 8 has been

held to be the successful bidder.

3.

The learned counsel for the petitioner has

submitted that he has sought information under

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the Right to Information Act and the Public

Information Officer-cum-Assistant Engineer, Rural

Works Department, Bagaha, by his letter dated

01.07.2020, has made available 370 pages of the

documents uploaded by the respondent no. 8,

however, he has also stated that the re-submission

acknowledgment has not been submitted by the

private respondent no. 8. It is thus submitted, by

referring to the NIT in question, which is Annexure-

1 to the writ petition, that the condition at serial

no. 7 specifies that till 15:00 hours on 24.02.2020,

the original instrument of EMD, cost of BOQ and

affidavit regarding correctness of information

provided with the bid document has to be

submitted, however, the private respondent no. 8

had not submitted the original documents on

24.02.2020.

4.

Per contra, the learned counsel for the

respondents-State, by referring to the counter

affidavit filed on behalf of the respondents no. 4 to

6, has submitted that the notice inviting tender

was floated via e-tendering on 16.01.2020 for work

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in q