BIPIN BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner, against the order contained in letter No. 913 dated 7th June, 2003 issued by the Chief Engineer, Rural Development Special Area, Ranchi, whereby and where -under, the Executive Engineer has been informed that the order contained in letter No. 613 dated 24th April, 2003 has been cancelled and allotted the work in favour of the 7th Respondent, M/s. Star Construction. Further prayer has been made to direct the 4th Respondent to enter into an agreement with the petitioner for execution of work in pursuance of earlier order, contained in letter No. 616 dated 24th April, 2003, whereby, it was decided to allot the work in favour of petitioner - Bipin Bihari Singh.

(2.) IT appears that in pursuance of Notice Inviting Tender (for short N.I.T.) No. 1/2002 -03 dated 21st December, 2002, the petitioner purchased two tender documents and submitted tender papers for two different works as shown at Sl. Nos. 14 and 34 of the N.I.T. They related to construction of Bridge at Masukijari Joria and construction of Bridge at Gandhubba Joria on the Madankatta - Karon road.

(3.) ACCORDING to the petitioner, he offered rate 15% of the scheduled rate for both the works covered by Item Nos. 14 and 34. He was the only Contractor of Deoghar district who competed. His rate being lowest, was categorized as L -1 in respect of both the items. The Chief Engineer, Rural development Special Area, Ranchi ordered to allot Group 34 work in favour of petitioner being below 15% of the scheduled rate. For the said reason, the authorities decided to allot the other work. Item No. 14 of N.I.T. to some other Contractor.