KUMAR CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) Originally this writ petition was filed only against the State of Bihar and its authorities, namely respondent Nos. 1 to 5 for the following reliefs :--

(2.) The short facts of this case is that Notice Inviting Tender (N.I.T.) No. 5/2010-11 was published in the Hindi Daily Newspaper 'Hindustan' on 16-02-2011 (Annexure 1) by the Executive Engineer, Minor Irrigation Division, Nalanda (respondent No. 5) by which eligible contractors registered only in the Water Resources Department were invited to take part in the tender for single work namely "Extensive Renovation of Nirpur Aahar & Pyne under Noorsarai Block of District Nalanda". The petitioner submitted his tender within the time prescribed fulfilling all the requirements. Thereafter the petitioner learnt that the authorities of the Department concerned rejected his technical bid on the sole ground that he had not given his dates below his signatures.

(3.) Learned counsel for the petitioner also submitted that neither petitioner was given any notice or information about the said order, nor a copy of that order was ever sup-' plied to him. He further submitted that since the said rejection was merely due to hyper technicality which was deprecated by the Apex Court as well as by this Court, the petitioner approached the Chief Engineer, Mi-' nor Water Resources Department, Govt. Of Bihar (respondent No. 3) stating that a copy of the said order be supplied to him to enable him to challenge the same before the High Court, but he refused to supply the same. The petitioner filed an application' dated 03-05-2011 (Annexure 3) to the Public Information Officer under the Right to Information Act 2005 for supply of the order of the authority by which the petitioner's tender was rejected, but inspite of repeated request, the said order was not supplied to the petitioner and hence the petitioner was constrained to file this writ petition without annexing a copy of the impugned order, even the date of which was not known to the petitioner.