IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9931 of 2008 MOHAN SAHNI Versus THE STATE OF BIHAR & ORS ----------- 04/ 06.8.2008 Heard learned counsel for the parties. Petitioner is aggrieved by the order of the Executive Engineer, Road Construction Department, Road Division No.2, Muzaffarpur bearing letter No. 671 dated 14.5.2008, Annexure- 7 to this application, whereunder his settlement of the tank in question has been cancelled. Earlier petitioner became the highest bidder in connection with the settlement of the tank in question undertaken pursuant to notice published in Hindustan, Muzaffarpur edition dated 2.4.2008, Annexure-1. The authorities having accepted the bid amount, petitioner also deposited the same as is evident from bid sheet and deposit slip dated 21.4.2008, Annexures-2 and 3. It is submitted on behalf of the petitioner that after having deposited the bid amount, he made investment as he purchased fingerlings worth Rs. 23,300/-, which is evident from receipt dated 28.4.2008, Annexure-4 and having purchased the same spread the fingerlings in the tank in question. Meanwhile, private Respondent no.6 approached the Executive Engineer, Road Construction Department, Road Division no.2, Muzaffarpur on 24.4.2008, Annexure-5 and requested him to settle the tank with him at Rs. 21,000/- as he had no information about the earlier bid held on 21.4.2008. The Superintending - 2 - Engineer, North Bihar Circle, Muzaffarpur under his letter no. 1141 dated 30.4.2008, Annexure-6 directed the Executive Engineer, Road Construction Department, Road Division No.2, Muzaffarpur to cancel the bid of the tank in question if the bid amount is less than Rs. 21,000/- and then to take steps for holding fresh bid. In compliance of the instructions contained in letter of the Superintending Engineer, North Bihar Circle, Muzaffarpur dated 30.4.2008, Annexure-6, the impugned cancellation order dated 14.5.2008, Annexure-7 was issued directing the petitioner and other bidders who had participated in the earlier bid held on 21.4.2008 to again come and participate in the fresh bid for settlement of the tank in question to be held on 3.6.2008. Said notice was received by the petitioner, but instead of appearing in the fresh bid held on 3.6.2008, he came to this Court on 9.7.2008 asserting that having accepted his bid on 21.4.2008, which was held pursuant to the notice published in newspaper, the authorities ought not to have cancelled the bid made by him and if at all they have decided to cancel the same, they should make good the investment which he had made in the tank in question. This Court having heard counsel for the parties on 29.7.2008, directed the State counsel, AAG-11 to seek instruction in the matter and learned AAG-11 having taken instructions informed this Court that re-bid of the tank in question was held on 3.6.2008 without there being any notice for - 3 - such bid to the public at large by issuing public notice in the newspaper in which petitioner did not participate, as such, this writ application should be dismissed. Having heard counsel for the parties and having perused the relevant instructions issued by the authorities from time to time, including the instructions of the Superintending Engineer, North Bihar Circle, Muzaffarpur, bearing letter no. 1141 dated 30.4.2008, Annexure-6, I am of the view that the Superintending Engineer had directed the Executive Engineer, Road Construction Department, Road Division no.2, Muzaffarpur to hold the re-bid after complying with the formalities therefor and in the opinion of this Court, necessary formalities will also include issue of public notice in the press as was done on the earlier occasion, which is evident from the notice, Annexure-1 published in Hindustan, Muzaffarpur edition. In view of my observations above, the bid finalized in favour of private Respondent no.6 on 3.6.2008 is not in accordance with law as also in violation of the instructions of the Superintending Engineer contained in letter dated 30.4.2008, Annexure-6. In the circumstances, I deem it expedient to direct the petitioner to deposit the remaining amount of Rs. 19,500/- with the Executive Engineer, Road Construction Department, Road Division no.2, Muzaffarpur within one week from the date of receipt of certified copy of this order whereafter a fresh public - 4 - notice for holding fresh bid of the tank in question be issued in the newspaper Hindustan, Muzaffarpur edition within another one week in which petitioner, private Respondent no.6 and all other interested persons may be allowed to participate and the tank in question be settled with the highest bidder. In the event, petitioner succeeds in the fresh bid, which will be held pursuant to the notice published in compliance of this order, well and good, otherwise he is at liberty to file suit for damages for the investment which he claims to have made in the tank in question pursuant to the earlier bid held on 21.4.2008. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)