IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15462 of 2010 Shanker Kumar Vatsa S/O Sri Madan Jha R/O Mohalla- House No. 700, Agarwa, P.S.- Motihari Town, Distt.- East Champaran, Motihari. ………Petitioner Versus 1. The State Of Bihar 2. The Executive Engineer, P.H. Division, Motihari 3. The Superintending Engineer, P.H.E. Circle, Motihari 4. The Chief Engineer, P.H.E.D., Muzaffarpur Zone, Muzaffarpur ……….Respondents. For the petitioner : Mr. Pramod Kumar Pandey, Advocate. For the respondents : Mr. Bijay Kumar Pandey, AC to GP-20. ---------------------------------- 03/ 23.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) Issue a Writ of MANDAMUS or any other appropriate Writ order or direction to the respondents authorities to grant contract at the rate of 14.90% above than the rate sought in Tender as in much as the rate of article for contract have been hike up in market as it was fixed at the time of tender no.04/09-10 pertaining to tender Group no.3 invited under the signature of the Executive Engineer, Government of Bihar, PUBLIC HEALTH ENGINEERING DEPARTMENT, which was submitted on 22.01.10 for construction of work mentioned in Group 3- A – 1. (ii) Issue a WRIT of MANDAMUS or any other appropriate WRIT, Order or Direction to the respondents to grant the contract as aforesaid at least rate of 8.5% above than the rate of presumed rate mentioned in tender as it has been granted on 22.01.10 to Sri Gajendra Yadav, who had also submitted application under form of single tender in aforesaid tender, and not considering the rate of the petitioner after - 2 - allowing the bid in favour of the petitioner is arbitrary, ex-facie illegal and discriminatory and violative of fundamental right of the petitioner under Article 14 of the Constitution of India. 3. Learned counsel for the petitioner submits that the jurisdiction to decide such matters is of the Secretary, Public Health and Engineering Department, Government of Bihar and for that purpose the contract paper of the petitioner has to be sent by the Chief Engineer to the Secretary, Public Heath and Engineering Department which the Chief Engineer, Public Health and Engineering Department, Muzaffarpur Zone has not sent it in spite of repeated applications filed by the petitioner before the authorities concerned. 4. Considering the entire facts and circumstances, this writ petition is disposed of with a direction to the said Chief Engineer to immediately send the contract paper to the Secretary, Public Health and Engineering Department, Government of Bihar within 15 days from the date of receipt/production of a copy of this order, whereafter the Secretary, Public Health and Engineering Department, Government of Bihar shall decide the matter in accordance with law expeditiously. Harish (S.N. Hussain, J.)