Advocates:
['Sumeet Kumar Singh', 'LALIT KISHORE AG', '', 'Arvind Ujjwal SC']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8323 of 2020

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Suveer Kumar Pardeshi Son of Prem Kumar Pardeshi Resident of

Jakariyapur, behind Krishna Niketan School, Dhanuki, P.S.- Agamkuan,

District- Patna permanent Resident of Village Mahmadpur, Balwa, P.S.-

Harnaut, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Food and Consumer

Protection Department, Bihar at Patna.

2.

Principal Secretary, Food and Consumer Protection Department, Bihar at

Patna.

3.

Bihar State Food and Civil Supplies Corporation Through its Managing

Director, Bihar at Patna.

4.

Managing Director Bihar State Food and Civil Supplies Corporation, Bihar

at Patna.

5.

District Transport Committee Through its Chairman, Nalanda District-

Nalanda.

6.

The District Magistrate- cum- Collector- cum- Chairman District Transport

Committee, Nalanda District- Nalanda.

7.

The Deputy Development Commissioner-cum- Deputy Chairman District

Transport Committee, Nalanda.

8.

District Manager Bihar State Food and Civil Supplies Corporation, Nalanda

District- Nalanda.

9.

District Transport Officer- cum- Member District Transport Committee,

Nalanda District- Nalanda.

10.

General Manager Public Distribution Food and Consumer Protection, Bihar

at Patna.

11.

Deputy General Manager Bihar State Civil Supplies Corporation, Bihar at

Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. P.K. Shahi, Sr. Adv.

Mr. Sumeet Kumar Singh, Adv.

Mrs. Satakshi Sahay, Adv.

Mr. Rajeev Ranjan, Adv.

For the BSFC

: Mr. Shailendra Kumar Singh, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

4

04-02-2021

Heard Mr. P.K. Shahi, learned senior counsel for the

petitioner and Mr. Shailendra Kumar Singh representing Bihar

State Food and Civil Supplies Corporation, Bihar, Patna.

Patna High Court CWJC No.8323 of 2020(4) dt.04-02-2021

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2. The present writ application has been filed

challenging the letter bearing No. 7673 dated 23.09.2020

(Annexure-P/9) issued by General Manager, Public Distribution,

Bihar State Food and Civil Supplies Corporation to the District

Magistrate, Nalanda by which the General Manager has

informed the District Magistrate that the petitioner does not

fulfill the criteria of eligibility as mentioned in NIT-CUM-SB

document inasmuch as the petitioner is working as

Transportation-cum-handling Contractor (Main) in the district of

Giridih within the jurisdiction of State of Jharkhand.

3. Learned senior counsel for the petitioner submits

that petitioner has been selected as Transportation-cum-

Handling Contractor (Main) by the Chief District Transport

Committee, Nalanda after deciding the technical and financial

bid in his favour and by Annexure P-7, a letter was issued to the

petitioner for entering into an agreement and for issuance of

work order in his favour but Respondent No. 10, (General

Manager) has issued a letter to the District Magistrate, Nalanda

in relation to Clause 8 (iii) (f) of the NIT stating therein that the

petitioner has been working as a Handling Contractor in another

district and as such, he could not have participated in the tender

process. Learned senior counsel further submits that Annexure-9

Patna High Court CWJC No.8323 of 2020(4) dt.04-02-2021

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has been issued by an authority which has no jurisdiction and

after verification and inquiry upon the complaint made against

the petitioner, the petitioner has been selected as Handling

Contractor and the said tender was decided in his favour, as

would be evident from Annexure- P-6 w