Disposed

Geeta Enterprises v. The State of Bihar

Patna HC3 Mar 2025CWJC/2507/2025

Case brief

AI extract

What is this about?

Petitioner challenged forfeiture of earnest money and revocation of acceptance in a sandghat excavation tender that failed due to absence of sand. Court directed appeal before Mining Commissioner to provide a hearing and dismissed the writ petition.

What did the court decide?

Directing that the appellate authority must pass a reasoned order after hearing the petitioner if an appeal is preferred.

Geeta Enterprises Vs The State of Bihar — Public Procurement and Tenders | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2507 of 2025

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Geeta Enterprises a proprietorship firm having its place of business at C- 24 Narayan, Vihar Colony, Bikaner, Bikaner, Rajasthan- 334001 through its authorised signatory namely Netram Male aged about 34 years, Son of Tiloka Ram, resident of Ward No.- 05, Khoda, P.S.- Rawat Sir, DistrictHanumangarh, Rajasthan- 335524.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Department of Mines and Geology, Govt. of Bihar, Patna.

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The Additional Chief Secretary, Department of Mines and Geology, Govt. of Bihar, Patna.

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The District Magistrate cum Collector, Madhubani.

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The Principal Secretary, Department of Water Resources, Government of Bihar, Patna.

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The Mines Inspector cum Competent Authority, Madhubani, (Cluster No.1).

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Gautam Kumar Kejriwal, Advocate For the Respondent/s : Mr. Anil Kr. Singh, GP26 For the Mining : Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate

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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

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(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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Date : 03-03-2025

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The petitioner has challenged the order dated

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19.11.2024 issued under the signature of respondent

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No.3/District Magistrate-cum-Collector, Madhubani

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whereby the earnest money deposited by the petitioner

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against participation in the tender process for settlement

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we direct that in case the petitioner prefers an appeal before the

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Patna High Court CWJC No.2507 of 2025 dt.03-03-2025

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2/3

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of sandghats was forfeited and the letter of acceptance was revoked. The petitioner has also been debarred from

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participating in future tenders for a period of two years.

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It appears that the process of excavation of sand could not be started for the reason of absence of sand and only presence of silt in the sandghat settled with the petitioner, for which he was the highest bidder.

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Though Clause 42 sub-Clause-XIX of the

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tender document clearly stipulates that bidders would be required to conduct a technical investigation before participating in the bid, but considering the fact that the order impugned does not address this factual issue raised,

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we direct that in case the petitioner prefers an appeal before the Mining Commissioner under the provisions contained in Section 67 (2) of the Bihar Minerals (concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 within a period of two weeks, the appellate authority shall, after affording reasonable opportunity of hearing to the petitioner, pass a reasoned

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we direct that in case the petitioner prefers an appeal before the

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Patna High Court CWJC No.2507 of 2025 dt.03-03-2025 3/3

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order within the statutory time period, as the petitioner

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has been visited with debarment order for two years.

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With the aforenoted observation, the writ

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petition is disposed of.

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(Ashutosh Kumar, ACJ)

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( Partha Sarthy, J)

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Harsh/ Sunil

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AFR/NAFR
CAV DATE	N.A
Uploading Date	05.03.2025
Transmission Date

Geeta Enterprises v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Geeta Enterprises v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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