IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2372 of 2006 National Construction Organization, Sita Sadan, Mainpura, P.S. Patliputra, District Patna, through its Proprietor Abhishek Kumar, son of Sri Devendra Mohan Singh, resident of Sita Sadan Mohalla Mainpura, P.S. Patliputra, District Patna. …. Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Minor Irrigation Department, Government of Bihar, Old Secretariat, Patna. 3. The Chief Engineer, Minor Irrigation Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. … Respondents ----------------- For the Petitioner : Mr. S. B. K. Manglam, Advocate For the Respondents : Mr. Chandra Shekhar Singh, A.C. to G.P.16. -------------- 04/ 23.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by the petitioner for the following reliefs :- (i) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 14.06.2005 passed by respondent no. 3 and contained in his letter no. 778 dated 14.06.2005, whereby and whereunder he has been pleased to reject the petitioner’s application for refund of the amount deposited by him for purchase of tender papers in response to tender invitation notice no. 01/2003- 04. (ii) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent-authorities to refund the amount deposited by the petitioner for5 purchase of tender papers in response to Tender Invitation Notice No.01/2003-04 which was subsequently cancelled 2 by the respondents vide Tender Cancellation Notice dated 20.11.2003 and they had invited a fresh tender for the same work vide Tender Invitation Notice No. 03/2003-04, on the ground that decision regarding cancellation of tender invitation No.01/2003-04 was taken by the respondents themselves for no fault on the part of the petitioner and, therefore, the petitioner cannot be deprived for refund of the amount deposited by him for purchase of tender papers. (iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case. 3. From the averments made by learned counsel for the parties and the materials on record, it is not in dispute that a notice inviting tender was issued by the respondents and as per its requirement the petitioner purchased the bill of quantity papers from the respondents for filing the said tender and submitted his tender within the time prescribed. It is not in dispute that subsequently the said notice inviting tender was cancelled by the authorities, but the said cancellation was not due to any fault of the petitioner. 4. From the impugned order of the authority dated 14.06.2005 (Annexure 10), it transpires that the aforesaid facts are not in dispute and the petitioner’s claim was rejected only on the ground that there is no provision in the P.W.D. Code for refund of such an amount and hence no refund can be made. This plea appears to be very strange rather shocking to conscience as the tender along 3 with the bill of quantity was submitted by the petitioner at the instance of the respondents after making the purchase from the respondents themselves and since the said notice inviting tender was cancelled due to none of the fault of the petitioner, the respondents were not justified in rejecting the claim of the petitioner merely on the ground that there is no such provision. From the P.W.D. Code, it also transpires that no bar or forfeiture is provided against the refund of the said amount and, accordingly, the authorities should have exercised their discretion in accordance with law and equity. 5. Accordingly, the impugned order dated 15.06.2005 (Annexure 10) is hereby quashed and this writ petition is allowed with a direction to the Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna (respondent no.3) to pay the entire amount of Rs. 1 lac to the petitioner within two months from the date of receipt/production of a copy of this order. MPS/ ( S. N. Hussain, J.)