IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10746 of 2009 M/S BRAJENDRA KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 31.08.2009. Heard the parties. The petitioner has prayed for quashing decision of the tender committee dated 2.6.2009, annexure 3, circulated through memo no. 116/2009-2115 dated 18.6.2009 so far it relates to its item no.1-IRQP work on NH 105 under State of Bihar fund at its 1 kilometer to 18 kilometers, by which the committee discarded petitioner and allotted work to respondent no.10, namely, Ashok Kumar Enterprises Private Limited, Begusarai. The petitioner states that he qualified in technical bid and matter regarding award of tender was placed before the competent authority for considering the financial bid. Learned counsel submits that when financial bid was opened, it was found that both the petitioner and respondent no.10 offered the same rate quoting 10 percent above bid. It is stated that his financial bid was not considered in view of annexure 4, which is a letter 15.4.2009, passed by executive engineer, RCD, Road Division, Darbhanga. In his letter, the Executive engineer issued office order stating that as the petitioner has completed more than 70% of work but less 80%, he would not be considered for grant of future tender till he completes the earlier work. Leaned counsel also submits that in view of aforesaid office order his financial bid was not considered. He also submits that the letter dated 15.4.2009 issued by the - 2 - Executive engineer would not be applicable in his case as tenders were opened and even technical bid was considered much prior to 15.4.2009. Learned counsel secondly submits that same Executive engineer granted him another work vide letter dated 10.7.2009 which would be apparent from annexure 5. He submits that in fact he has offered to do work at the rate provided under the bid. It appears from annexure 4, that on 15.4.2009 the petitioner had completed the work between 70 to 80 percent. He submits that on the date the financial bid was opened he had completed more than 80 percent work. Learned counsel for the State submits that the petitioner has not been debarred for all time from participating in tender. He submits that he has been restrained from taking part in other tender till he completes the ongoing projects. After hearing the parties, this court observes that if the petitioner files an application before the Principal Secretary, Road Construction Division, he will consider his representation and dispose of the same by speaking order within a period of 10 days from the date of receipt of the order. In case, the Principal Secretary finds it expedient, he may notice other side also. Shashi (S.P.Singh, J.)