IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15717 of 2010 DEEPAK KUMAR, son of Rameshwar Prasad Singh, resident of village,Sihama, P.O. Sihama, P.S. Malihari, Block, Matihani, District- Begusarai, at present Ratanpura, District- Begusarai….. Petitioner Versus 1. THE STATE OF BIHAR 2. Bihar State Food & Civil Supply Corporation Ltd. Sone Bhawan, 5th Floor, Veerchand Patel Marg, Bihar, Patna through its Managing Director. 3. The Managing Director, Bihar State Food & Civil Supply Corporation Ltd., Sone Bhawan, 5th Floor, Veerchand Patel Marg, Bihar, Patna. 4. District Manager, State Food Corporation, Gopalganj, Bihar. 5. District Supply Officer, Gopalganj 6. District Magistrate-cum- Chairman, District Transport Committee, Gopalganj. 7. Gopal Prasadjee, son of Bhairo Lal Sah, resident of village, Manbodh Parsauni, Unchakagaon, District- Gopalganj. 8. Umesh Kumar Singh, son of Sri Ram Kripal Singh, resident of village- Mushrauli, P.O. Dagtauli, District- Gopalganj…… Respondents. ----------- For the petitioner: Mr. Rajiv Kumar Verma, Senior Advocate Mr. Rajneesh, Advocate. For the State: Mr. G.G.Tiwary For the Corporation:Mr. R.S.Pradhan, Senior Advocate Mr. A.N.Rai, Advocate --- 2. 20.9.2010 The petitioner has approached this Court for setting aside the proceedings of the District Transport Committee, Gopalganj held on 25.5.2010, by which his tender for Transporting and Handling Agent in the District of Gopalganj for the Bihar State Food and Civil Supplies Corporation has been rejected and the names of respondent Nos.7 and 8 have been recommended for the same. Learned counsel for the petitioner assails the rejection of the tender of the petitioner on the ground that he has enclosed papers of mini trucks in place of trucks. It is stated by learned - 2 - counsel that it is evident from the papers filed before the Tender Committee that the petitioner has filed documents showing possession of two trucks and two mini trucks. To that extent the remarks made on the tender of the petitioner are not correct. Even if the aforesaid submissions of learned counsel for the petitioner are accepted, in view of the clear condition in the tender notice that the tenderer must show ownership of at least three trucks, it cannot be said that the rejection of the tender of the petitioner is contrary to the terms and conditions of the tender notice. In the aforesaid facts and circumstances, this Court does not find any reason to interfere in the matter. Learned counsel for the petitioner at this stage submits that the petitioner, as a matter of fact, does have more trucks but due to inadvertence all the relevant documents and details were not filed showing his possession of more than three trucks, apart from several mini trucks. It is, therefore, submitted that he may be permitted to represent before the authorities of - 3 - the respondent Corporation and in view of the fact that there is flood in several parts of the Gopalganj District, they may consider including his name in the panel of Transporting and Handling Agent as the requirement would be much more than under normal circumstances. It is directed that if the petitioner files his representation in this regard, then the authorities of the Corporation shall consider the same expeditiously in accordance with law. The writ application is, accordingly, dismissed subject to the aforesaid directions. VPS ( Ramesh Kumar Datta, J. )