MALTI INFRASTRUCTURE PVT. LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed claiming the following reliefs :-

(3.) The short facts, according to the petitioner, are that fourth time NIT No-2 of 2015-16 was issued by the Executive Officer, Nagar Panchayat, Motipur, Muzaffarpur for construction of Administrative Building of Nagar Panchayat, Motipur in which the petitioner participated as a bidder and after final evaluation of the technical bid, it was declared qualified. Thereafter, the Superintending Engineer issued letter to Executive Engineer, DUDA, Muzaffarpur for tools and plants verification of the petitioner company. The petitioner had been waiting for opening of the financial bid, but all of sudden, the Superintending Engineer cancelled the tender vide his letter no. 1837 dtd. 23/11/2016 in the light of letter no.3186 (3) dtd. 9/5/2016 and directed the Executive Officer, Nagar Panchayat, Motipur to re-tender the bid and, accordingly, retender was invited vide NIT No. 04/2016-17 on 8/12/2016 for the said work. Being aggrieved by the aforesaid decision dtd. 23/11/2016, the petitioner filed the present Writ.