JUDGMENT :

Sangam Kumar Sahoo, CJ.

This Letters Patent Appeal has been filed by the State of Bihar, challenging the order dated 18.11.2024 passed by the learned Single Judge in C.W.J.C. No. 7771 of 2017 in allowing the writ petition and setting aside the order passed in Memo No. 3408 dated 16.03.2017 as well as notice inviting tender vide Notice No. 02/2017-18.

2. Writ petition was filed by M/s. Kumar and Kumar represented through its proprietor Raj Kumar Gupta, seeking quashing of the order passed by the Inspector General of Police contained in Memo No. 3408 dated 16.03.2017, whereby he cancelled the previous tender no. 7/2008-09, which was approved in favour of the petitioner’s firm for the purpose of sale of empty cartridges stored at Munger Gun Factory, Munger, with a further information that fresh tender would be issued for the said purpose.

Further prayer has been made by the petitioner firm for a direction to the respondent to abide by the previously approved tender as the delay was not caused at the instance of the petitioner firm and to restrain the respondent authorities from proceeding with the fresh notice inviting tender, which has been previously issued in favour of the petitioner firm. 3. Briefly stated, a notice inviting tender was floated for the purpose of sell of empty cartridges stored in Munger Gun Factory and the petitioner firm submitted its quotation to the Assistant of Inspector General of Police (Q), Bihar, Patna along with all necessary documents required for such purpose and National Saving Certificate of Rupees One Lakh as security. Several firms also submitted tender papers and after scrutiny, the petitioner firm was approved for the purpose of sale of empty cartridges at the rate of Rs. 241.11/- paise per kg. The Assistant to Inspector General of Police (Q) was informed vide letter dated 17.10.2008 that the sale of empty cartridges, is to be conducted under the supervision of Superintendent of Police (Protection), Special Branch, Bihar, Patna and the petitioner firm was to take possession of such empty cartridges after weightment thereof and making payment of the sale value.

4. It is the further case of the petitioner firm that the Deputy Inspector General of Police (Protection), Special Branch, Bihar, Patna constituted a committee of four members, presided by Deputy Superintendent of Police, Special Branch Headquarters, Bihar, Patna for the purpose of disposal of empty cartridges stored at the gun factory, situated at Munger on 09.01.2009 with a direction to the members of the Committee to be present on the occasion. Since there was some health issues, the petitioner firm through its proprietor requested the Deputy Inspector General of Police, Special Branch for extending the date of measurement of empty cartridges after 15^th February, 2009, and the request was accepted and the measurement of empty cartridges was deferred and the petitioner’s firm was communicated by the concerned authorities to remain present on 20.03.2009 at Gun Factory, Munger for the purpose of measurement of empty cartridges vide letter dated 06.03.2009.

5. It is the further case of the petitioner that the proprietor of the petitioner firm appeared before the Superintendent of Police on the date fixed i.e. on 20.03.2009, however, he submitted an application requesting again to defer the measurement work after 5^th or 6^th of April, 2009. The request was accepted and the Superintendent of Police (Protection), Special Branch, Bihar, Patna fixed the date of measurement to 06.04.2009. However, in view of the Parliamentary Election as well as deployment of police force, the measurement work which was supposed to be conducted on 06.04.2009 could not be done and it was intimated to the petitioner firm that the date would be communicated to him after the completion of Parliamentary Election. The petitioner firm was again intimated by the authority that in connection with some security works of the VVIP, the measurement of the empty cartrid