Disposed

Om Prakash Bhardwaj v. Begusarai Municipal Corporation and Ors.

Patna HC16 Oct 2014CWJC/17718/2014

Case brief

AI extract

What is this about?

In a civil writ, the Patna High Court directed the Begusarai Municipal Corporation to take a final decision on a tender award within three months upon State Government opinion, without adjudicating the sovereignty issue.

What did the court decide?

The writ application is disposed of by directing the Municipal Corporation to take a final decision on the tender within three months.

Om Prakash Bhardwaj Vs Begusarai Municipal… — Public Procurement and Tenders | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17718 of 2014

¶2

====================================================== Om Prakash Bhardwaj, s/o Sri Jawahar Lal Bhardwaj, r/o Mohalla-Ashok Nagar, Begusarai, P.O. P.S. and District-Begusarai proprietor of M/s Jawahar Lal Bhardwaj, Akshay Urja Shop, Sona Jageshwar Complex, Traffic Chowk, Begusarai, P.O. P.S. and District Begusarai. .... .... Petitioner/s Versus 1.Begusarai Municipal Corporation, Begusarai through the Mayon-cumthe Chairman of Empowered Standing committee. 2.The Mayor-cum-Chairman, Empowered Standing Committee, Begusarai Municipal Corporation, Begusarai. 3.The Municipal commissioner, Begusarai Municipal Corporation, Begusarai. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandan, Adv For the Respondent/s : Mr. Tej Pratap Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT

¶3

(Date-16.10.2014)

¶4

¶5

Heard learned counsel for the parties as with regard to the following relief(s) prayed in this writ application:-

¶6

"(i) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent No. 3 to open the financial bid of the petitioner pursuant to the Tender Notice published in the daily Hindi Newspaper "Dainik Jagran" dated 04.07.2014 and since the petitioner alone survives as a valid tenderer, to direct the Respondents to issue work order in favour of the petitioner for installation of L.E.D. Solar (Twin) Street Lighting System and High Masts Solar Light in the are of Municipal

¶7

Patna High Court CWJC No.17718 of 2014 (2) dt.16-10-2014

¶8

¶9

Corporation.

¶10

(ii) For a declaration that in view of the decision of the Empowered Standing Committee of the Respondent Corporation in its meeting dated 16.07.2014 ion which the technical tender of all other tenderers were rejected except the writ petitioner, in view of the direction issued by the Urban Development and Housing Department issued under letter no. 2641 dated 02.09.2014, the Respondent Authorities cannot postponed the opening of the petitioner's financial bid and issuance of a work order in his favour."

¶11

Having regard to the fact that the petitioner has responded to the Notice Inviting Tender (N.I.T.) issued by the Begusarai Municipal Corporation which had allegedly referred the matter to the State Government seeking an opinion as with regard to taking a final decision for award of contract and such query of the Municipal Corporation has also been answered by the State Government by its letter dated 02.09.2014 as contained in Annexure-6, this Court for the time being without adjudicating the issue of sovereignty and independence of power of Municipal Corporation

¶12

Patna High Court CWJC No.17718 of 2014 (2) dt.16-10-2014

¶13

¶14

would deem it expedient in the ends of justice to direct the authorities of the Begusarai Municipal Corporation to take its final decision, of course in accordance with law and in keeping with the provisions of Bihar Municipal Act, Bihar Financial Rules and P.W.D. Code as has also been clarified by the State Government in its aforementioned letter dated 02.09.2014. This exercise, however, must be completed within a period of three months from the date of receipt/production of a copy of this order.

¶15

It is, however, made clear that this Court has not expressed its opinion on the merits of the claim of the petitioner but has simply directed the authorities of the Begusarai Municipal Corporation to take its final decision.

¶16

With the aforesaid observation and direction this writ application is disposed of.

¶17

(Mihir Kumar Jha, J)

¶18

Patna High Court Dated the 16th October 2014 N.A.F.R.Ranjan/-

¶19

Om Prakash Bhardwaj v. Begusarai Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

Om Prakash Bhardwaj v. Begusarai Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ritesh Anand Vs The Chairman Central Bank Of India and Ors.

Braj Bhushan Singh Vs The Union Of India and Ors.

Chandra Mani Singh Vs The State Of Bihar and Ors.

Thakur Ram Ganga Prasad Ltd. Vs

M/s Ganesh Traders Vs The State Of Bihar and Ors.

Suman Kumar Vs The Indian Oil Corporation Ltd. and Ors.