MAGADH CONSTRUCTION WORKS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed by the petitioner for quashing the letter dated 29.5.2006 (Annexure -4) of respondent No. 2, the Chief Engineer (South), Building Constructions Department, Government of Bihar, Patna, by which he has communicated to the Superintending Engineer the decision to accept the tender of respondent No. 5 in respect of construction of seventy five bedded sub -divisional hospital building at Tekari in the district of Gaya and for consequential and other reliefs associated with it.

(2.) THE writ application was filed on 19.6.2006 and by interim order dated 4.7.2006, notice was directed to be issued to respondent No. 5 and the State was directed to file counter affidavit. It was further made clear that though no interim order of stay was being passed at that stage, in case the writ petition finally succeeded, respondent No. 5 may not get payment of any bill or reimbursement of any alleged expenses incurred by him pursuant to the contract being awarded to him. After appearance of respondent No. 5 and counter affidavit filed on his behalf and counter affidavit filed on behalf of respondent No. 2, the Chief Engineer (South), Building Constructions Department, Government of Bihar, Patna, the case was heard on 17.11.2006.

(3.) THIS Court, not being satisfied with the averments unsupported by any document, directed the State to produce the entire records with regard to the tender in question in order to substantiate its pleadings and adjourned the matter with specific direction to file a supplementary counter affidavit showing as to how petitioner was informed about negotiation etc.