Disposed

Patliputra Infra Construction Pvt. Ltd. v. The State Of Bihar and Ors.

Patna HC2 Dec 2013CWJC/23600/2013

Case brief

AI extract

What is this about?

This oral order disposed of a writ petition challenging the acceptance of a technical bid by the State of Bihar in a public procurement case. The court directed the respondent authorities to examine the petitioner's Legal Notice and decide the matter before executing the agreement.

What did the court decide?

Direction to the concerned authorities to take cognizance of the Legal Notice, examine the matter, take an appropriate decision, and communicate the same to the petitioner before executing the agreeme

Patliputra Infra Construction Pvt. Ltd. Vs The State Of… — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23600 of 2013

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====================================================== Patliputra Infra Construction Pvt. Ltd. through its Managing Director Mr. Sunil Kumar, Son of Sri Kapildeo Sharma, Resident of Mohalla Sharda Niwas, Shidhi Vinayak Hospital, P.O. Danapur, P.S. Rupaspur, District Patna.

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.... .... Petitioner

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Versus

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1. The State Of Bihar through the Secretary, Rural Works Department, “Vishweshwaraiya Bhawan” Bailey Road, Patna-15.

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1. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Rural Works Department, “Vishweshwaraiya Bhawan” Bailey Road, Patna-15.

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1. The Superintending Engineer, Rural Works Department, Works Circle, Patna.

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1. The Executive Engineer, Rural Works Department, Works Division, Patna.

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1. The Executive Engineer, Rural Works Department, Works Division, Masaurhi (Patna).

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1. The Divisional Account Officer, Rural Works Department, Works Division, Masaurhi (Patna).

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1. M/s Dhaneshwar Nath Cosntruction through Mr. Rajeev Ranjan Singh, Mohalla :- Lalit Niketan Colony, Hanuman Nagar, Sanjay Gandhi Nagar, Kankarbagh, P.O. T.V. Tower, Patna. .... .... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Mr. Manish Sahay, Advocate For the Respondents : Mr. Mayank Rukhiayar, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 02-12-2013 Petitioner raises a grievance that technical bid of private respondento.7 was wrongly accepted and hence, its financial bid was wrongly opened and he has wrongly been held to be L-1.

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Learned senior counsel for the petitioner submits that after technical bid was opened, petitioner sent a Legal Notice, vide Annexure-4, to all the authorities of the respondents raising

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Patna High Court CWJC No.23600 of 2013 (2) dt.02-12-2013

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its objection to the acceptance of technical bid of respondent, in reference to specific clauses of the NIT. The grievance is that respondents have not taken cognizance of the said Legal Notice and have accepted the respondent no.7 as successful.

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Since respondent no.7 is not before this Court, this Court does not intend to make any observation on the stand of the petitioner. However, it is clear that once Legal Notice had been served on the respondents raising objection with regard to acceptance of the technical bid of the said respondent, official respondents were under legal obligation to take cognizance of the same, examine records and take appropriate decision, as may be necessary, in the matter.

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This writ application is, accordingly, disposed of with a direction to the concerned authorities of the Department to take cognizance of the said Legal Notice sent on behalf of the petitioner, examine the matter and take appropriate decision in accordance with law and communicate the same to the learned counsel for the petitioner in response to his Legal Notice, before agreement is executed with respondent no.7.

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(Jayanandan Singh, J)

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B.T/-

Patliputra Infra Construction Pvt. Ltd. v. The State Of Bihar and Ors.

Case brief

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Patliputra Infra Construction Pvt. Ltd. v. The State Of Bihar and Ors.

Case brief

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