IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12714 of 2010 M/S Jamui Furniture House, Post Office Road, Jamui Through Its Proprietor Nilesh Kumar S/O Thakur Prasad Bhagat R/O Mohalla- Maharajganj, Jamui, P.O., P.S. & Distt.- Jamui. …..Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Department, Bihar, Patna. 2. The Secretary, Human Resource Department, Bihar, Patna. 3. The District Magistrate, Jamui. 4. The District Education Officer, Jamui. 5. Jai Prakash Paswan, Executive Engineer, Rural Works Department, Division No.-2, Jamui. 6. Naveen Kumar, Co-Ordinator, Simultalla Residential School, Jamui. 7. M/S Bharat Commercial Agency, Exhibition Road, Patna. …..Respondents. ----------------- For the petitioner : M/s. A.P.Jittu, Gopal Bohra & Sunil Kumar Sharma, Advocates. For the respondents-State : Mr. Chandra Shekhar Singh, A.C. to G. P. 16. For respondent no.7 : Mrs. Rina Sinha, Advocate. ---------- 05/ 02.12.2011 1. Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for M/s Bharat Commercial Agency (respondent no.7). 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) For a direction to the respondent to issue work order to the petitioner to supply the Godrej Furniture pursuant to the decision of the Tender Committee headed by the District Magistrate, Jamui communicated vide memo no. 298 of 01.06.2010. (ii) For issuance of writ in the nature of mandamus commanding respondent no.2 not to surpass the decision of the Tender Committee headed by the District Magistrate, Jamui and to restrain respondent no.7 to carry out the order of - 2 - respondent no.2 contained in Memo No.307 of dated 18.06.2010. (iii) For any other relief/reliefs for which the writ petition is entitled under the facts and circumstances of the case. 3. The claim of the petitioner is that in response to notice inviting tender for purchase of furniture for Simultala Residential School, Jamui, the petitioner along with others filed tenders depositing earnest money of Rs.50,000.00 each. Learned counsel for the petitioner further submits that the petitioner is a local wholesale registered dealer in various range of products of Godrej Boyce Company Limited and to that effect a certificate had been issued by the Company which was valid till the year 2010. 4. Learned counsel for the petitioner also argued that the purchase committee considered the qualitative and other aspects and recommended that furniture/equipments of Godrej Company should be purchased and sent his recommendation for approval before the Secretary, Human Resources Department, Govt. of Bihar, Patna. 5. Learned counsel for the petitioner also averred that thereafter purchase order was issued at the instance of Sri K.K. Pathak, the then Secretary of Human Resources Department, Govt. of Bihar in favour of M/s Bharat Commercial Agency, Patna (respondent no.7), although he had not participated in tender for the supply of furniture in question and hence issuance of purchase order in his favour was absolutely illegal, arbitrary and perverse. He further argued that there was no occasion for ignoring the petitioner, who was - 3 - the registered wholesale dealer of Godrej Company and if the furniture of Godrej was required the petitioner, who had submitted his tender was the best candidate for the purpose. 6. On the other hand, learned counsel for the respondents- authorities as well as learned counsel for respondent no.7 oppose the contentions of learned counsel for the petitioner on several grounds, out of which the main ground is that as per the purchase order, respondent no.7 had already supplied the required articles which are in use and for which payments had been directed. 7. In the said circumstances, entire transaction having been completed, this Court does not find it proper at this stage to interfere into the matter. In any view of the matter, it is quite apparent that the petitioner has been made to suffer due to none of his fault, rather due to the illegalities committed by the then Secretary of the Human Resources Department, Govt. of Bihar, Patna. 8. Hence, this writ petition is disposed of with a direction to the District Magistrate, Jamui to immediately return the earnest money of Rs.50,000.00 deposited by the petitioner with interest at the rate of 10% per annum from the date of deposit (20.05.2010) till the date of payment, within two months from the date of receipt/production of a copy of this order, if not yet paid. Sunil ( S. N. Hussain, J.)