IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1287 of 2010 IN (CWJC 13072/2010) ==================================================== ASHRAF KHAN SON OF SRI RAMZAN KHAN, R/O KACHISARAI, CHAKWASOLANEE,PS. MITHUNPURA,DISTRICT- MUZAFFARPUR AT PRESENT EXECUTIVE DIRECTION-CUM-CHAIRMANM, M/S AL- HILAL EDUCATIONAL TRUST, MUZAFFARPUR. Appellant. Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, HEALTH DEPARTMENT, NEW SECRETARIRAT BUILDING, PATNA 3. EXECUTIVE DIRECTOR, STATE HEALTH SOCIETY, PARIWAR KALIAN BHAWAN, SHEIKHPURA, PATNA 4. SRI NARMADESHWR LAL, DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT HEALTH SOCIETY, EAST CHAMPARAN, MOTIHARI 5. CIVIL SURGEON CUM SECRETARY, DISTRICT HEALTH SOCIETY, EAST CHAMPARAN, MOTIHARI. Respondent(s) ==================================================== Appearance : For the Appellant : Mr. Abhay Kumar Singh No.1 Mr. Rakesh Bihari Singh For the Respondent : Mrs.Nilu Agrawal,GP.10 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) INTERIM APPLICATION NO.7284 OF 2010. 2. 17.8.2010 Learned Advocates agree that the matter be heard and decided today. 2 This Letters Patent Appeal is preferred against the order dated 12.8.2010 passed by the learned single Judge in C.W.J.C.No.13072 of 2010. The appellant petitioner M/s Al-Helal Educational Trust, Muzaffarpur (hereinafter referred to as ‘the Trust’) was awarded yearly house keeping contract in the Government Hospitals in the district of East Champaran in the year 2005. The said house keeping contract was renewed year after year until the year 2010. Feeling aggrieved by the advertisement inviting tenders for house keeping contract for the Hospitals in East Champaran published on 4th August 2010, the appellant filed above C.W.J.C.No.13072 of 2010. The learned Single Judge was pleased to hold that the Trust could not have a legitimate grievance against the respondent authorities’ inviting tenders for a fresh contract. However, the learned Single Judge directed the respondents to give opportunity to the Trust to submit its tender by 11 A.M. of 17th August 2010. In view of the aforesaid direction, the respondent authorities have published advertisement on 13th August 2010 inviting tenders for the aforesaid house keeping contract from the bidders other than those who had already submitted the tenders pursuant to the advertisement dated 4th August 2010. 3 It is now the grievance of the Trust that the order of the learned Single Judge has been violated. It was the Trust alone who was permitted to submit its tender on 17th August 2010 but that liberty has now been expanded to invite tenders afresh. True, the learned Single Judge had permitted the Trust to submit its tenders after the last date. But, the competition has now been expanded by giving opportunity to other bidders, if they have not availed the opportunity earlier. We are of the opinion that by expanding the scope of competition no prejudice is caused to the Trust. In our view, neither any fundamental right nor a statutory right conferred upon the Trust has been abridged. The advertisement published on 13th August 2010 did not give a fresh cause of action to the appellant. For the aforesaid reasons, the appeal is dismissed in limine. Interim Application stands disposed of. (R.M.Doshit, CJ) (Jyoti Saran,J) ahk 4