PATNA REGIONAL DEVELOPMENT AUTHORITY WALIA BUILDERS Vs. RASHTRIYA PARIYOJANA NIRMAN NIGAM:RASHTRIYA PARIYOJANA NIRMAN NIGAM

JUDGEMENT

(1.) Leave granted.

(2.) The Patna Regional Development Authority (hereinafter referred to as the Rs. appellants') invited tenders for the construction of a high rise building 'Maurya Towers' in the town of Patna. Of the three bids which were submitted, the bid of the first respondent, namely, Rashtriya Pariyojana Nirman Nigam was found to be the lowest. The second lowest bid was of respondent No. 4, M/s. Walia Builders. Although the tender submitted by the first respondent was the lowest, the Tender Committee took into account the fact that the first respondent had been black-listed for a period of five years by the Water Resources Department, Government of Bihar under a black-listing order dated 26-9-1991, and decided not to award the contact to the first respondent. Instead, it awarded the contract to the fourth respondent. The fourth respondent, after negotiation, agreed to do the work at the rates offered by the first respondent.

(3.) This decision of the appellants was challenged by the first respondent by filing a writ petition beingC.W.J.C. No. 3964 of 1995 which was filed on 3-6-1995 in the Patna High Court. The first respondent also filed another writ petition bearing C.W.J.C. No. 4064 of 1995 challenging the black-listing order of 26-9-1991. Writ PEtition Bo. 4064 of 1995 was rejected by a learned single Judge of the Patna High Court by his order dated 18-9-1995 on the ground of delay, since the order of black-listing was challenged more than four years after it was made. The first respondent filed an appeal to a Division Bench of the Patna High Court being L.P.A. No. 1473 of 1995.