D K ENGINEERING Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the writ applications petitioners have prayed for quashing the order dated 18.7.2007 contained in letter No. 2479 and 2480 issued under the signature of Managing Director of Bihar Rajya Pul Nirman Nigam Ltd. (hereinafter to be referred to as the Nigam) whereby the agreement dated 25.6.2007 signed in between the petitioners and the Senior Project Engineer of the Nigam, have been rescinded, as per the direction of the Chairman of the Nigam, consequent to the discussion, held in the meeting dated 10.7.2007 convened by the Principal Secretary, Road Construction Department. Further prayer of the petitioner is for quashing the notice inviting tender dated 20.7.2007 whereby the work awarded to the petitioners are going to be re-tendered. Prayer is also for restraining the respondents from awarding the contract to any one in pursuance of the notice inviting tender dated 20.7.2007.

(2.) Since reliefs are similar and facts are similar as such both the applications were taken for analogues hearing and are being disposed of by a common order.

(3.) Petitioners in both the writ applications are company registered under the Companies Act. The Nigam issued notice dated 7.5.2007 inviting tender for strengthening and widening of 0.19 as well as 20-35 K.M. roads of National Highway 106. Petitioners in both the writ applications submitted their tender against the NIT and they were selected being lowest bidder.