IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4637 of 2010 MD.SAHID HUSSAIN SON OF LATE ABDUL WAHID RESIDENT OF MOHALLA KATHOKAR TALAB, BARI ROAD, GAYA. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, GOVT. OF BIHAR, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 2. ENGINEER-IN-CHIEF ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. CHIEF ENGINEER, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 4. EXECUTIVE ENGINEER, ROAD DIVISION NO. 1, GAYA ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. KUMAR MUKESH, INCHARGE ‘E’ TENDERING IIIRD FLOOR, ROAD CONSTRUCTION DEPARTMENT, VISHWARAIYA BHAWAN, PATNA. ----------- 2 18/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has got evidence on record to show that he was prevented from participating in the tender in question because on the last date of the tender when he approached the Help Desk of ‘E’ tender, he was provided User name and Pass Word but P.K. I. was not provided to him because the server went down. Even though time was available till 3.00 P.M. on 09.03.2010 the petitioner was prevented because of technical reasons not attributable to any one. This fact has been brought to the notice of the Secretary, Road - 2 - Construction Department, Government of Bihar, Patna vide communication dated 09.03.2010 contained in Annesure-4. In view of the nature of dispute, this writ application is disposed of with a direction upon the Secretary, Road Construction Department, Govt. of Bihar, Patna to take into consideration the grievance of the petitioner contained in Annexure-4 and he will communicate his decision to the petitioner after due inquiry within a period of three weeks from the date of receipt or communication of a copy of this order. The Secretary would be well advised to see that the tenders are not finalised till the objection of the petitioner is disposed of. AMIN (Ajay Kumar Tripathi, J.)