J P CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE present writ application has been filed the petitioner being aggrieved by wrongful exclusion from consideration of his tender filed in pursuance of notice inviting tender issued under the signature of respondent -Executive Engineer, Irrigation Division Bijikhorwa P.S. Belhar, District -Banka (respondent no. 6). Counter affidavit and rejoinder thereto have been filed and with the consent of the parties this writ application has been heard and is being disposed of at the admission stage itself.

(3.) HAVING considered the matter I find that exclusion of the petitioner was arbitrary and malafide as well. It is arbitrary because renewing the existing registration/licence is not in the hands of individual. By law he is required to make an application in due time. Petitioner had made that application. It is then the authorities, who are all government officials, who have to grant and issue the same. If there is delay in it then the petitioner cannot be penalized. If the petitioner is held not entitled to participate in tender because registration/licence was not renewed due to delay on the part of the government then it would be putting premium of delay being caused by government official, which is most undesirable. Therefore, the action in exclusion him was arbitrary and wrong.