IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18033 of 2009 MAMTA KUMARI W/O VIJAY KUMAR SINGH R/O MUHALLA- GOGARI JAMALPUR, WARD NO. 12, P.S.- GOGARI, DISTT.- KHAGARIA…………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. DISTRICT MAGISTRATE, KHAGARIA 3. NAGAR PANCHAYAT, GOGARI JAMALPUR, DISTT.- KHAGARIA, THROUGH ITS EXECUTIVE OFFICER. 4. CHAIRMAN, NAGAR PANCHAYAT, GOGARI JAMALPUR, DISTT.- KHAGARIA 5. EXECUTIVE OFFICER, NAGAR, PANCHAYAT GOGARI JAMALPUR, DISTT.- KHAGARIA 6. EXECUTIVE ENGINEER, SPECIAL DIVISION, KHAGARIA 7. SUB DIVISIONAL OFFICER, KHAGARIA….RESPONDENTS. For the petitioner : Mr.Sanjay Kumar, Advocate. For the respondents : Mr. J.P. Karn, Sr. Advocate, AAG-4 with Mr. A.K. Dubey, AC to AAG-4 and Mr. Arvind Kumar Singh, Advocate. ----------- 08/ 29.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been filed by the petitioner challenging Advertisement No.3 of 2009-10 published in the daily newspaper ‘Hindustan’ dated 10.11.2009 issued under the signature of Executive Officer and the Chairman, Nagar Panchayat, both of Gogari Jamalpur, District Khagaria by which tender notice no.01 of 2009-10 published earlier for 33 projects has been cancelled except project nos.3, 10, 13, 20, 25 and 33 and the remaining 27 projects have been cancelled without any cogent reason, whereafter fresh tender was published on the previous terms and conditions. Learned counsel for the petitioner also seeks direction to the - 2 - respondents authorities to allot all the said tenders to the petitioner which were published vide the aforesaid tender notice. I.A. No.7727 of 2010 was filed on behalf of the petitioner for amendment in the prayer portion of the writ petition by adding Advertisement No.02 of 2010-11 dated 13.08.2010 (Annexure-7) published in the daily newspaper ‘Hindustan’ with respect to project nos.5 and 8, which was the same as project nos.10 and 13 in the earlier notification (Annexure-4) with some modifications. The said amendment sought was allowed by a Bench of this court on 15.09.2010 along with a further prayer for refund of Rs.31,600.00 towards BAQ (Bill of Quantity) in relation to the cancelled projects. By the said order the operation of project nos.5 and 8 of advertisement dated 13.08.2010 was stayed and the authorities of the Nagar Panchayat were directed not to take any final decision with respect to the said projects, if the same has not yet been taken until further orders of this court. After hearing learned counsel for the parties and perusing the materials on record, it is quite apparent that the tender paper of the petitioner was dismissed due to technical reasons after it was sent for technical examination to the Executive Engineer (Rural), Khagaria (respondent no.6). Hence, it is apparent that tender papers of the petitioner were properly verified by the authorities concerned and only - 3 - thereafter the claim of the petitioner was rejected. In the said circumstances, this court does not find any merit in this writ petition, which is accordingly dismissed. However, the Bill of Quantity amounting to Rs.31,600.00 has been deposited by the petitioner with the authorities concerned, but since it was with respect to the projects which have already been cancelled, the respondents authorities must return the said amount to the petitioner within two months from the date of receipt/production of a copy of this order. If the petitioner raises any grievance before the appropriate forum with respect to fresh cause of action, the authorities may consider the same and decide it in accordance with law by a speaking order. Harish (S.N. Hussain, J.)