IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11151 of 2011 Mithilesh Kumar Singh, son of Sri Surendra Naryan Singh, Resident of Forbisganj, Ward No.7, Hospital Road, P.S.-Forbesganj, District-Araria. ….. Petitioner. Versus 1. The State of Bihar through District Magistrate cum Chairman, District Transport Committee, Araria. 2. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, Birchand Patel Path, Patna. 3. The District Manager, Bihar State Food and Civil Supplies Corporation, Araria, District Araria. ……..Respondents. ----------- For the petitioner : Mr. S. Hoda, Advocate. For respondent no.1 : Mr. S. S. Pandey, A.C. to G.P.24. For respondent nos.2 & 3 : Mr. R. S. Pradhan, Senior advocate with ------------- 03/ 17.08.2011 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for the following reliefs: (i) For direction (s) to the respondents to consider the tender application of the petitioner as per the tender application submitted by the petitioner in the light of tender notice published in the “Hindustan” Hindi Daily Newspaper on 02.12.2010. (ii) For order/orders, direction/directions issue an appropriate writ and directing the respondents to act as per the terms and condition stated in the tender notice of the respondent. (iii) For direction/directions to the respondents to consider the essential part as well as financial part of the tender application of the petitioner (as first lowest rate) in terms and condition as stated in the tender notice. (iv) For partly quashing/setting aside the letter No.414 dated 26.05.2011 of District Magistrate, Araria addressed to the R-2 by which it has been illegally decided for re-tender notice, for demand of tender application to appoint Transportation cum Handling Agent in the Revenue District Araria without any cogent reason. - 2 - (v) For partly quashing the letter No.414 dated 26.05.2011 by which it has been illegally decided for re-tender notice for the appointment of Transportation cum Handling Agent, inspite of the fact the petitioner was the first lowest tenderer as well as his rate is lower than then the rate of at present working transportation cum Handling Agent in the District Araria. (vi) For direction/directions to the respondents to consider the tender application of the petitioner as a first lowest tenderer who submitted all relevant documents and qualified tenderer against whom there is no complain in the District Transport Committee, Araria. (vii) For any other relief/ reliefs for which the petitioner is deemed to be entitled. 3. From the impugned order dated 26.05.2011 of the District Magistrate, Araria it transpires that the technical bids of all the tenderers were opened and some deficiencies were alleged to have been found in all the tenders. It also transpires that thereafter financial bid of all the four tenderers were opened in which lowest tender was of one Sri Umesh Prasad Yadav, but since he had been earlier found to be not fit by the authorities his claim was not considered, whereas the other financial bids of other tenderers were found to be much higher. Hence, the District Magistrate, Araria directed issuance of fresh tender for the appointment of Transportation cum Handling Agent in the district. 4. The claim of the petitioner is that he is not concerned with Sri Umesh Prasad Yadav, but he is absolutely sure that there is no deficiency in his technical bid and hence there was no occasion for the authority to pass such an order for fresh tender. Learned counsel for the petitioner further submits that he has challenged the said order of the District Magistrate –cum- - 3 - Chairman of the District Transport Committee, Araria before the Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Patna (respondent no.2) vide application dated 23.06.2011 (Annexure-5). 5. In the said circumstances, this writ petition is disposed of with a direction to the said authority to decide the application of the petitioner in accordance with law expeditiously, preferably within a period of two months from the date of receipt/production of a copy of this order. Sunil (S. N. Hussain, J.)