MOHAMMAD SHAHBAJ ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This case is taken up through video conferencing.

(2.) The present writ petition was initially filed for issuance of direction upon Nagar Parishad, Sahibganj- respondent no.3 to open the petitioner's tender pertaining to Sl. no.2/Group no.2 of short time e- tender invitation notice being NIT 09/2018-19 duly published in a newspaper dated 10th February, 2019 pursuant to letter no.391 dated 7th February, 2019 issued by the respondent no.3 and to finalize the tender issued with regard to the contract work i.e. for construction of PCC Road and Pulia from Jharna Nala beside Shiv Niketan up to Ganga Ghat Road (hereinafter to be referred as 'the said work') parallel to said Jharna Nala. It was also prayed inter alia to hold and declare that the petitioner is entitled for consideration of his tender, as he fulfils all the requisite conditions as mentioned in the tender notice, as contained in letter no.391 dated 7th February, 2019 as well as being the senior most registered contractor amongst the bidders.

(3.) A counter affidavit was filed on behalf of the respondent nos.2 and 3, stating, inter alia, that the said work was already allotted to Dharam Tanti- respondent no.4 and the work order no.650 dated 9 th March, 2019 had already been issued to him. Accordingly, the petitioner filed amended writ petition, seeking quashment of work order no.650 dated 9th March, 2019 issued by the Executive Officer, Nagar Parishad, Saibganj- respondent no.3, whereby pursuant to agreement no.F2-34/2018-19 dated 9th March, 2019 the respondent no.4 was directed to commence the said work.