IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7996 of 2007 SADANAND SINGH CONS.PVT.LTD. Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Shankar Dayal Singh For the State :Mr. Ranjit Sinha, J.C to S.C.X. 3 24.10.2008 Petitioner’s technical bid in respect of two tenders filed pursuant to Notice Inviting Tender No. 7 of 2006-07 by the Executive Engineer, Rural Engineering Department, Works Division, Munger, is not being opened ostensively on the ground that the petitioner does not possess a Hot Mix Plant. It is secondly stated that a duly renewed Character Certificate is wanting.Taking these two objections, the matter was referred to the Chief Engineer for approval to reject the technical bid. As would be apparent from the communication of the Chief Engineer he has returned the same without approving it, suggestive of refusal to agree to approve the same. Petitioner’s grievance is notwithstanding the aforesaid, for some undisclosed reasons, the concerned Engineers are not ready to open petitioner’s financial bid treating rejection of the technical bid. This Court had earlier granted status quo in the matter because of which the technical bid has not yet been finalized. A counter affidavit has been filed in which the stand is that the petitioner does not own Hot Mix Plant because the person from whom he had purchased the same was noticed without response. It is further suggested that an inspection was conducted and it was found that he did not have Hot Mix Plant rather he had a Mini Hot Mix Plant . Here I may notice that for the first package, as per the tender notice requirement is of - 2 - Hot Mix Plant and for package two, the requirement is of Mini Hot Mix Plant. Petitioner states that these are all reports made in the office without any inspection much less after notice to the petitioner. He specifically asserts that he has installed a fully operational hot Mix Plant but for some reason, the concerned respondents want to disqualify the petitioner and as such these allegations. So far as Character Certificate is concerned, petitioner states that Character Certificate was duly granted by the authority but inspite of renewal application being filed, there was delay on the part of the authority in issuing the same. For this petitioner may not be punished because he has no control over the government’s authority. However, renewed Character Certificate has already been granted. Having heard learned counsel for the parties and with their consent, this application is being disposed of at the stage of admission itself. The contract is for construction of road. The same has remained unexecuted for more than a year because of interim order of this Court. The Chief Engineer has refused to give approval for rejection of petitioner’s technical bid. These factors, in my view, if considered in correct perspective, would lead this Court to give a direction that the Chief Engineer with prior notice to the petitioner would make a physical inspection of the Hot Mix Plant of the petitioner. If it is found that Hot Mix Plant is there in operational condition with the petitioner, the same would be duly considered, and if it is found that it is a Mini Hot Mix Plant, even then at least for the second package petitioner’s tender has to be considered. - 3 - It matters little whether the seller responds or not because the seller may not respond for various reasons. What is essential and of essence is that the petitioner should have in possession and in his control a Hot Mix Plant or Mini Hot Mix Plant, as the case may be. So far as Character Certificate is concerned, petitioner having got duly renewed Character Certificate granted by the authority, submitted the same and that should not come in way now from considering his tender. Thus, in my view, if respondents on inspection found Hot Mix Plant/ Mini Hot Mix Plant, the authority would accordingly act. Once the inspection is made then the status quo granted by this Court shall stand vacated. Authority to proceed in accordance with law and in the light of observation and direction made above. The writ petition stands disposed of. Singh (Navaniti Pd. Singh)