LAWS(PAT)-2002-2-13

A K BUILDERS Vs. STATE OF BIHAR

Decided On February 12, 2002
A K Builders Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed to impugn the order dated 23 January, 2002 on C.W.J. C. No. 566 of 2002 : M/s A.K. Builders & Transporters V/s. The State of Bihar & Ors.

(2.) ARGUMENTS on the present Letters Patent Appeal took the best part of the day. The submissions as made are thus noticed. Some of the submissions were from the record and yet some of the submissions were not on record.

(3.) THE submission on the writ petition, not on records, is that ultimately three persons were shortlisted as having made offers; that the offers, on price, were similar, and one of them is the appellant - petitioner, the other, respondent no. 7 (M/s Dinesh Upadhyay) and another. Then, there were submissions, to the effect, that the State of Bihar particularly its department of Rural Engineering Organisation and Panchayat Raj, have acted like "pious cows" and have awarded the contract to its blue eyed boy" and that the Secretary of the department has been instrumental in this. These submissions are not on record nor were the persons against whom allegations have been addressed made party respondents in their personal capacity.