IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20029 of 2010 1. M/S Shakti Constrution, a Partnership Firm having its place of Office at Behind Balvihar School, New Area, P.O. P.S. Town & Distt. Aurangabad Through One Of Its Partners, Raj Kumar Singh, S/O Shri Sheo Bachan Singh, Resident Of Behind Balvihar School, New Area, P.O. P.S. Town & Distt. Aurangabad 2. M/s Shakti Navnirman-Savanraj(JV), a Joint Venture Firm having its Office situated at Behind Balvihar School, New Area, P.O., P.S. Town & District Aurangabad through one of its partners, Ravi Kumar Singh, S/o Late Ram Naresh Prasad Singh, resident of Karma Road, P.O., P.S., Town & District- Aurangabad………………………. …………….Petitioners. Versus 1. The Union Of India Through The Secretary, Ministry Of Road Transport & Highways , Transport Bhawan, 1, Parliament Street New Delhi - 110001 2. The Regional Officer, Ministry Of Road Transport & Highways, Bihar Region ,Kidwaipuri, Patna 3. The State Of Bihar Through The Chief Engineer, South Bihar, Road Construction Department , Vishveshwaraiya Bhawan, Beiley Road, Patna 4. The Superintending Engineer, Road Construction Department Circle, Gaya, Distt. Gaya 5. The Executive Engineer, Road Construction Department, Road Division No. 1, Aurangabad, Distt. Aurangabad. 6. M/S Reddy Veerana, Classic Court, 2nd Floor, 9/1 Road, Rich Mand, Bangalore 7. M/S S & P Infa - Chandi Enterprises (Jv), Opposite Golghar, New Area, Aurangabad………………………………….Respondents. For the petitioners : Mr. S.D.Sanjay, Advocate. For the Union of India: Ms Kalpana(CGC) For the State : Mr. P.K. Verma, Advocate. ---------------------------------- 08/ 27.09.2011 Heard learned counsel for the petitioners, learned counsel for the respondents-State of Bihar and its authorities as well as learned counsel for the Union of India. 2. This writ petition has been filed by the petitioners for the following reliefs:- - 2 - (i) For quashing of the order communicated to the petitioner no.1 vide letter no.1201 dated 02.12.2010 under the signature of the respondent-Executive Engineer, Road Construction Department, Road Division No.1, Aurangabad by which it has informed petitioner no.1 that the Technical Bids of the petitioners have been rejected by the Screening Committee in the meeting held on 26.11.2010 at Delhi for evaluation of Technical Bids for the work of widening two lane & improvement in KM.00 to 35 of Fessar-Panchrukhia-Aurangabad in Bihar under LWE Scheme as being wholly arbitrary, discriminatory, suffering from bias, and hence, not sustainable in the eyes of law. (ii) For a direction to the respondents to consider the Technical Bids and to open the Financial bids of the petitioners after granting opportunity to the petitioners to furnish the required documents as has been allowed to others, but has been wrongly disallowed in the case of the petitioners. (iii) For a direction to the respondents to consider the Financial Bid of the petitioner after qualifying the petitioner in its Technical bid as petitioner no.2 is fully qualified in its Technical Bid in all parameters, and possessed all the documents required for the Tender. (iv) For restraining the respondents from proceeding further in the opening of Financial Bids of other bidders excluding petitioner no.2. (v) For a declaration that respondent no.6 and 7 are also disqualified for the reason mentioned in the decision of the aforesaid meeting dated 26.11.2010 held at Delhi but they have been favoured by granting opportunity to remove their defects but discriminated with the petitioners by declaring the petitioners to be disqualified and for any other relief(s) for which the petitioners may be found entitled to in the facts and circumstances of the present case. - 3 - 3. Learned counsel for the State as well as learned counsel for the Union of India on consultation with the department submit that the authorities are ready to consider the technical bid of the petitioners afresh. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioners to file an application and the materials, if required, within 15 days and thereafter the respondents shall comply their aforesaid undertaking without any undue delay. Harish (S.N. Hussain, J.)