Disposed
Arun kumar v. Bihar State Building Construction Corporation Ltd. and Ors.
Patna HCCWJC/1543/2019
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COURT OF JUDICATURE AT PATNA Civil Writ…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1543 of 2019
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Arun kumar Late Siya Ram Singh. Resident of Village and P.O. Bandeya, P.S. Bandeya Rukandi, District- Aurangabad - at present residing at Sharma Bhawan, Rajiv Nagar Road No. 8, P.S. Rajiv Nagar, Town and District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 2237 of 2019
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Arun kumar Late Siya Ram Singh, Resident of Village and P.O.- Bandeya, P.S. Bandeya Rukandi, District- Aurangabad- at present residing at Sharma Bhawan, Rajiv Nagar Road No. 8, P.S.- Rajiv Nagar, Town and DistrictPatna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : (In Civil Writ Jurisdiction Case No. 1543 of 2019) For the Petitioner/s : Mr. Anshuman Singh, Advocate For the Respondent/s : Mr. Tez Bahadur Singh, Sr. Advocate : Mr. Brisketu Sharan Pandey, Advocate (In Civil Writ Jurisdiction Case No. 2237 of 2019)
Patna High Court CWJC No.1543 of 2019(12) dt.27-06-2023 2/4
For the Petitioner/s : Mr. Mr. Anshuman Singh, Advocate For the Respondent/s : Mr. Tez Bahadur Singh, Sr. Advocate : Mr. Brisketu Sharan Pandey, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
12 27-06-2023
Heard learned counsel for the respective parties.
tition has prayed for the following reliefs:-
"(i) To issue a rule NISI in the nature of a writ of certiorari to quash and cancel the decision of the Tender Committed dated 4th January, 2019 in regard to the tender submitted by and on behalf of the petitioner by which the Members of the Tender Committee ordered forfeiture of the amount of security of Rs. 31,30,000/- (Rupees Thirty one Lacs thirty thousands only) which the petitioner had deposited as Earnest Money in terms of the e- Tender Clause 17 dated 22nd October, 2018.
(ii) To issue a writ of mandamus commanding the respondent to refund / repay the amount of earnest money deposited in form of Fixed Deposit dated 20.11.2018 of the Bank of India, Patel Nagar Branch, Patna, alongwith interest at Bank's rate on and from 5th January, 2019 till the date of refund.
(iii) To issue other appropriate writ/writs, order or orders, direction or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."
Patna High Court CWJC No.1543 of 2019(12) dt.27-06-2023 3/4
Patna High Court CWJC No.1543 of 2019(12) dt.27-06-2023 4/4
refund of EMD amount. Such decision shall be taken after giving due notice to the petitioner. Before passing final order insofar as withholding of any EMD amount. Concerned authority is hereby directed to take note of each of the contentions to be raised by the petitioner against the proposed show cause notice insofar as withholding of EMD amount. The above exercise shall be completed within a period of three months from the date of receipt of this order. The concerned authority is hereby directed to communicate the notice as well as final order to be passed under acknowledgment to the petitioner.
(P. B. Bajanthri, J)
(Jitendra Kumar, J)
Vikash/-
U
1 issue framed by the court
Could the respondents lawfully withhold the petitioner's earnest money deposit without passing any order on his refund representation?
Arun Kumar (Late Siya Ram Singh)
Bihar State Building Construction Corporation Ltd.
Managing Director, Bihar State Building Construction Corporation Ltd.
Chief General Manager, Bihar State Building Construction Corporation Ltd.
General Manager, Bihar State Building Construction Corporation Ltd.
P. B. Bajanthri
Jitendra Kumar
As recorded by the court registry
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