IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10526 of 2010 IMPERIAL FOUNDATION, 3rd Floor Kunwar Complex, opposite S.B.I., Kankarbagh Main Road, Patna-20 through its partner Sanjiv Kumar S/0 Sri Sidheshwar Sharma, 3rd Floor Kunwar Complex,Opposite S.B.I., Kankerbagh, Main Road, Patna-20, P.S Kankerbagh,District-Patna….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Principal Secretary-cum- Commissioner, Rural Works Department, Government of Bihar, Patna. 3. The Chief Engineer, Rural Works Department, Patna, District- Patna. 4. The Superintending Engineer, Rural Works Department, Circle, Patna, District- Patna. 5. The Executive Engineer, National Rural Employment Program, Patna, District- Patna. ….. Respondents. ---------- For the petitioner: Mr. Ranjan Kumar Jha, Advocate For the State: Mr. Krishna Chandra Jha, A.C. to S.C.18. ----- 3. 17.9.2010 The petitioner has filed the writ petition claiming rejection of his technical bid on non est ground. It is submitted that the petitioner had filed sealed tender and there was no requirement for giving date along with self attestation by the petitioner and further that the certificate of registration issued by the concerned Department did not contain the attested photograph of the petitioner. According to the learned counsel for the petitioner, the original certificate along with colour photo has to be deposited before the agreement. This Court from the report of the - 2 - Technical Bid Evaluation Committee finds that apart from the petitioner, two other tenders have been rejected on the ground that they had filed their tenders which were not sealed. Another suspicious circumstance pointed out by the petitioner is that without opening the financial bid, the work order has been issued on the same day, i.e., on 25.6.2010, on which the Technical Bid Evaluation Committee has given its report. Be that as it may, the issues raised by the petitioner require investigation into the facts which may not be appropriate before the writ Court, specially when there is provision for alternative remedy before the State Works Contract Arbitration Tribunal by the statute itself. In the above circumstances, the writ application is disposed of with liberty to the petitioner to raise his claim before the State Works Contract Arbitration Tribunal. VPS ( Ramesh Kumar Datta, J. )