Dismissed

Kamlesh Kumar Singh v. the State of Jharkhand through Its Principal Secretary Housing and Urban Development Department

Jharkhand HC18 Sept 2023WPC/3003/2023

Case brief

AI extract

What is this about?

Petitioner, the lowest bidder, challenged the non-award of a tender favoring the second lowest bidder. The Court dismissed the writ petition primarily on the ground of non-impleadment of the successful bidder as a necessary party.

What did the court decide?

dismissed the writ petition for non-impleadment of necessary party.

What the court decided

Kamlesh Kumar Singh Vs the State of Jharkhand through… — Specific Performance | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (C) No. 3003 of 2023

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Kamlesh Kumar Singh, Aged About 57 years, S/o Rameshwar Prasad Singh, R/o H. No. 344, New Layout Sitaramdera, Near State Bank of India, Agrico Branch, P.O.- Agrico, P.S. Sitaramdera, Jamshedpur, Distt. East Singhbhum. ………… Petitioner

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Versus

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The State of Jharkhand through its Principal Secretary, Housing and Urban Development, Govt. of Jharkhand, having its office at Project Building, 4^th floor, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, Distt. Ranchi.

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The Deputy Commissioner (D.C.), East Singhbhum, having its office at Jamshedpur-1, P.O. Bishtupur, P.S. Bishtupur, Distt. East Singhbhum.

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The Special Officer (S.O.) Jamshedpur Notified Area Committee, having its office at Sakchi, Jamshedpur, P.O. & P.S. Sakchi, Distt. East Singhbhum.

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Assistant Engineer (A.E.), Jamshedpur Notified Area Committee, having its office at Sakchi, Jamshedpur, P.O. & P.S. Sakchi, Distt. East Singhbhum.

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Junior Engineer (J.E.), Jamshedpur Notified Area Committee, having its Office at Sakchi, Jamshedpur, P.O. & P.S. Sakchi, Distt. East Singhbhum. … … ... Respondents

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--------- CORAM: SRI SANJAYA KUMAR MISHRA, C.J. SRI ANANDA SEN, J.

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--------For the petitioner: Mr. Gautam Kumar Singh, Advocate For the Respondents: Mr. Gaurav Raj, A.C. to A.A.G.-II

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04/Dated: 18.09.2023

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Upon hearing the learned counsel for the parties, this Court passed the following, (Per, Sanjaya Kumar Mishra, C.J.)

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ORDER

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1) By filing this writ petition, the petitioner has prayed for the following relief(s):

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(i) To call for entire record of the case and show cause seeking reply from the respondent authorities concerned as to why and under what circumstances the petitioner being the lowest bidder (L-1) of the tender work Group, 06, 07, 30 & 45 of the JMAC was not awarded the tender work and the second lowest bidder (L-2) was preferred over him and have been awarded the tender works in question;

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-2-

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(ii) To cancel allotment of the tender work of Group, 06, 07, 30 & 45 to the second lowest bidder (L-2) and award the tender work to the petitioner;

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2) Though the petitioner has filed the writ application with full knowledge that the L-2 has been awarded with the tender work, curiously enough, the L-2 has not been made a party to the writ application. Learned counsel for the petitioner in a very obstinate manner submits that it was only an oral communication to the petitioner, hence, he would not to implead the L-2 as a party to the petition.

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3) In that view of the matter the writ application is bad for nonimpleadment of necessary party and, therefore, devoid of merit and the same is dismissed.

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4) There shall be no orders as to costs.

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5) Pending Interlocutory Applications, if any, stand disposed of. 6) Urgent Certified copies as per rules.

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(Sanjaya Kumar Mishra, C.J.)

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(Ananda Sen, J.)

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Manoj/MM

Kamlesh Kumar Singh v. the State of Jharkhand through Its Principal Secretary Housing and Urban Development Department

Case brief

What is this about?

What did the court decide?

What the court decided

Kamlesh Kumar Singh v. the State of Jharkhand through Its Principal Secretary Housing and Urban Development Department

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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