IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL NO.218 OF 2008 ------- Against the judgment dated 04th February, 2008 passed in CWJC No.14514 of 2007 by a Single Judge. ------ THE STATE OF BIHAR & ORS --- Appellants Versus PVC PIPE MANUFACRTURERS WELFARE ASSOCIATION OF BIHAR & ORS --- Respondents -------- For the appellants : Mr. P.K.Shahi, Advocate General Mr. Harendra Prasad Singh, Government Advocate-VI For the respondents : Mr.S.D.Sanjay, Advocate Ms. Sushila Agrawal, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------- Dated, the 25th August, 2008 Although writ petition filed by the present respondents has been allowed by the Single Judge, at the stage of hearing of this appeal from the judgment of the Single Judge, Mr. S.D.Sanjay, counsel for the respondents (writ petitioners), submits that the writ petitioners are desirous of withdrawing the writ petition itself in view of the stand of the State Government articulated in the letter dated 25th March, 2008 addressed to the Advocate General, Bihar, Patna, that - 2 - Public Health Engineering Department has no objection in putting a condition in the work order to the effect that in the eventuality of the quality and price of the PVC products of the local units and units located outside Bihar being the same, turn- key contractors shall give preference in purchasing these materials from the manufacturers of the State of Bihar and the fact that because of the interim order granted by the Division Bench on 27th March, 2008, the order of the Single Judge never came into operation and under the fresh tenders, contracts have been awarded to turn key contractors and works started. He submits that for such future contracts PHED be directed to abide by their statement as recorded in the letter dated 25th March, 2008 and liberty may also be granted to individual petitioners to pursue their remedy for damages, if advised. 2. The letter dated 25th March, 2008, has been placed on record. For identification purposes, we mark it ‘X’. The said letter reads thus: “ Government of Bihar Public Health Engineering Department Letter No.61 Mukah116/07 (Khand)- 419 Dated 25/03/08 From Shashi S. Sharma, Secretary to Govt. To, Advocate General Bihar, Patna Sub: LPA NO.218/08 State of Bihar Vrs PVC Pipe Manufacturers Welfare Association of Bihar and others. - 3 - Ref: Your letter No.2178 dated 25.03.08 Dear Sir, With reference to your letter dated 25.03.08 regarding hearing of LPA No.218/08, State of Bihar Vrs. PVC Pipe Manufacturers Welfare Association of Bihar and others, I have been directed to inform you that this Department has no objection in putting a condition in the work order of the successful tenderers to the effect that, in the eventuality of the quality and price of the PVC products of the local units and units located outside Bihar being the same, the turn-key contractors shall give preference in purchasing these materials from the manufacturers of the State of Bihar. However, all material requirement for the handpumps for which tenders have been invited shall be procured by the successful contractors themselves, accordingly. Yours faithfully, Sd/ 25/3/2008 ( Shashi S. Sharma) Secretary to Govt.” 3. Now since the respondents (writ petitioners) seek withdrawal of the writ petition, we are satisfied that following order shall meet the ends of justice: (i) The respondents are granted leave to withdraw the writ petition being CWJC No.14514 of 2007 (PVC PIPE MANUFACTURERS WELFARE ASSOCIATION OF BIHAR & ORS, VERSUS, THE STATE OF BIHAR & ORS). (ii) Upon withdrawal of the writ petition, the order dated 04th February, 2008 passed by the Single Judge is rendered ineffective and the appeal becomes infructuous. We order accordingly. (iii) Henceforth, as represented by the Public Health - 4 - Engineering Department, for such future contracts they shall put a condition in the work order that in the eventuality of the quality and price of the PVC products of the local units and units located outside Bihar being the same, the turn-key contractors shall give preference in purchasing these materials from the manufacturers of the State of Bihar. (iv) It may be clarified by them, however, that all material requirements for the hand-pumps, for which tenders are to be invited, shall be procured by the successful contractors themselves. (v) Withdrawal of the writ petition shall not preclude the writ petitioners from pursuing their claim of damages that they may have, for the loss allegedly caused to them by the representation of the State Government pursuant to the tender notice (Annexure-3). (vi) We record and accept the statement of the Advocate General that the amount deposited by the tenderers pursuant to the tender (Annexure-3) shall be returned to them without any deduction within one month from today. (vii) No costs. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil