IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9360 of 2010 AMARENDRA KR. SINGH, S/O LATE BINDESHWARI PRASAD SINGH, R/O VILLAGE JANAKPURIA, P.O. PANWARI, P.S. CHAURI, DISTRICT- BHOJPUR AT PRESENT RESIDENCE AT MOHALLA MANSA PANDEY BAG, P.S. ARA TOWN, DISTRICT BHOJPUR……………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF ENGINEER, BIHAR POLICE BHAWAN NIRMAN NIGAM, PATNA. 2. THE CHIEF ENGINEER,BIHAR POLICE BHAWAN NIRMAN NIGAM, PATNA. 3. THE ASSISTANT CHIEF ENGINEER CUM SUPERINTENDING ENGINEER, BIHAR POLICE BHAWAN NIRMAN NIGAM, PATNA. 4. THE EXECUTIVE ENGINEER, BIHAR POLICE BHAWAN NIRMAN NIGAM, PATNA. 5. THE MANAGING DIRECTOR,BIHAR POLICE BHAWAN NIRMAN NIGAM, PATNA. 6. MONITORING COMMITTEE, BIHAR POLICE BHAWAN NIRMAN NIGAM, PATNA. 7. DIRECTOR GENERAL OF POLICE BIHAR, PATNA. 8. ADDITIONAL DIRECTOR GENERAL OF POLICE BIHAR, PATNA. 9. INSPECTOR GENERAL OF POLICE BIHAR, PATNA. 10. SRI ASHISH KUMAR PANDEY, S/O SRI SIDHNATH PANDEY, R/O + P.S. SOHJANA,P.S. JHAJHA, DISTRICT JAMUI. .................RESPONDENTS For the petitioner : Mr. Aditya Nr. Singh-1, Advocate. For respondent nos.2 to 6 : M/s Prasoon Sinha and Kalyan Shankar, Advocates. For the State : Ms. Binita Singh, AC to AAG-1 ----------- 06/ 07.04.2011 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the Bihar Police Bhawan Nirman Nigam and its authorities. No one appears for respondent no.10 although notice was sent and was validly served upon him. 2. This writ petition has been filed by the petitioner for directing the respondents to accept the tender of the petitioner who was the lowest bidder, but his tender was not accepted on a - 2 - mere technical ground that VAT Clearance Certificate was not in the name of the petitioner rather it was in the name of M/s Singh Construction. 3. Learned counsel for the petitioner submits that VAT Clearance Certificate and papers in Form C – I and Form C –IV (Annexure – 3 and 4) clearly show that although they were issued in the name of M/s Singh Construction, but the sole proprietor of the said firm was the petitioner Amarendra Kumar Singh and even his residence was detailed therein. He further submits that since the said certificates had already been supplied by the petitioner to the Corporation, there was no occasion for them to ignore the claim of the petitioner on the said ground. 4. On the other hand, learned counsel for the respondents vehemently contests the claim of the petitioner and submits that in his application before the authorities of the Corporation, the petitioner had nowhere mentioned that he was the owner of M/s Singh Construction also. He further submits that both the identities being different either the petitioner should have mentioned in his application that he was also owner of M/s Singh Construction or VAT Clearance Certificate in his name should have been produced. Learned counsel for the respondents also states that since the authorities had to sort out huge numbers of applications, it would be practically impossible to look into such matters in detail and hence it was the duty of the petitioner to give appropriate details in his application in which he miserably failed. 5. Considering the entire facts and circumstances of - 3 - the case as well as the materials on record and the arguments raised by learned counsel for the parties, it is quite apparent that VAT Clearance Certificate produced by the petitioner along with his application before the respondent authority, clearly mentioned that he was the sole proprietor of M/s Singh Construction. In the said circumstances, the application of petitioner was not defective due to any mistake in the VAT Clearance Certificate. Hence, the petitioner being the lowest bidder, his tender should have been accepted. 6. In the said circumstances, this writ petition is allowed and the respondents authorities are directed to accept the tender of the petitioner, who was the lowest bidder and had fulfilled all the requirements for such applications. Harish (S.N. Hussain, J.)