IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11974 of 2021

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Yash Raj, Dhrublok (J.V.) S/o Late Niteshwar Prasad Singh through its one of

the Director Basant Kumar Singh, R/o- Raj Place, Juran Chhapara, Road No.-

3, P.S.- Barahampura, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

1.

Bihar State Tourism Development Corporation Ltd. through its Managing

Director having its office at Beerchand Patel Path, Patna.

2.

The Managing Director, Bihar State Tourism Development Corporation Ltd.,

Beerchand Patel Path, Patna.

3.

The Additional General Manager, Bihar State Tourism Development

Corporation Ltd., Patna.

4.

The Manager, Hotel and Lodge, Bihar State Tourism Development

Corporation Ltd., Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. P.K. Shahi, Sr. Advocate

Mr. Satyam Shivam Sundaram, Advocate

For the Respondent/s

:

Ms. Anukriti Jaipuriyar, Advocate

For the Intervenor

: Mr. Ranjeet Kumar Singh, Advocate

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

CAV JUDGMENT

Date : 17-08-2022

The present writ petition has been filed for

quashing the letter dated 19.06.2021 issued by the Bihar

State Tourism Development Corporation Limited

(hereinafter referred to as the "Corporation") under the

pen and signature of its Managing Director, whereby and

whereunder the petitioner has been intimated that the

tender issued for operation and maintenance of the

property of Corporation namely Hotel Lichhavi Vihar,

Muzaffarpur has been cancelled on account of

Patna High Court CWJC No.11974 of 2021 dt.17-08-2022

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unavoidable reasons. The petitioner has further prayed

for directing the respondent Corporation to execute an

agreement with the petitioner in terms of letter dated

23.02.2021.

2.

The brief facts of the case according to the

petitioner are that the petitioner company is a joint

venture in between M/s Yash Raj Motors Private Limited

and M/s Dhrublok Merchants Private Limited. A tender

notice was issued by the respondent corporation inviting

proposal from experienced private limited companies/

public limited companies etc. in the form of technical

bid and financial bid for operation and maintenance of

various properties located at different places. The

petitioner had also participated in the tender process and

had submitted its technical bid and financial bid for the

property of the corporation mentioned at serial no. 2 of

the tender notice namely Hotel Lichhavi Vihar,

Muzaffarpur. It appears that the technical bid of the

bidders were opened by the respondent Corporation,

whereafter, the petitioner was intimated vide letter dated

19.2.2021 that it has been declared successful in the

technical bid in respect of the aforesaid property namely

Patna High Court CWJC No.11974 of 2021 dt.17-08-2022

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Hotel Lichhavi Vihar, Muzaffarpur and the financial bid

shall be opened on 22.2.2021 at 3:00 p.m. Thereafter, the

respondent Corporation vide letter dated 23.02.2021,

issued under the signature of the Additional General

Manager of the respondent Corporation had intimated

the petitioner that it has been declared successful in the

aforesaid tender for operation and maintenance of the

said property namely Hotel Lichhavi Vihar, Muzaffarpur

for 10 years. The petitioner was further intimated to

deposit the requisite licensing amount for the first year

with GST which totals up to a sum of Rs. 1,23,96,550.00

apart from deposit of an equivalent amount as guarantee

i.e. a sum of Rs. 1,05,05,551.00 in the form of

NSC/Fixed Deposit/Bank Guarantee, pledged in the

name of the respondent Corporation. The petitioner was

also informed that after deposit of the licensing amount

and sureties/ bank guarantee, the order of allo