RAJENDRA PRASAD PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this writ petition, the petitioner has assailed the validity of the decision of the tender committee dated 16.3.2004, communicated vide letter no. 784 dated 20.3.2004 issued by the Joint Secretary, Water Resources Department, Government of Bihar, Patna, whereby and whereunder the tender committee decided to allot the work of construction on residual pucca road on top of Jhaua Dilli Diwanganj Mahananda left Embankment from Chain 415 to 1018 to respondent no. 7. According to the case of the petitioner, the allotment of work to respondent no. 7 was done in total violation of the Government resolutions/letters as well as the Notice Inviting Tender and the tender of the petitioner was rejected on a non est ground although he was the lowest, valid and genuine bidder as per Governments own circulars/resolution and, thus, has further sought for restraining the respondent -authorities from entering into the agreement with respondent no. 7.

(3.) A counter affidavit has been filed on behalf of the respondent -State and its officials (respondents no. 1 to 6). In paragraph 4. of the said counter affidavit, it is stated that in the tender document a formula for stating rates by the tenderer in bill of quantity has been given as per Code, but the lowest permissible limit of rate could not be calculated due to non -receipt of the full quantity of Bitumen from Indian Oil Corporation by the Division. It is further stated that as the lowest rate was not calculated, so this was also explained in pre -bid conference that in the circumstances the rate quoted by tenderer in B.O.Q. will be treated as rate excluding the Government materials and its lowest permissible limit will be 15%. As such, according to the said respondents, the rate quoted by respondent no. 7 was 15% below which was the lowest and the work was allotted to him.