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2025 DAILYLAW 87684 (PAT)

Manvindar Kaur v. The State of Bihar

CWJC/19805/2024 · 2025-04-30

Partha Sarthy

Civil Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19805 of 2024 ====================================================== Manvindar Kaur W/o C.A. Ram Raghab Chaudhary Resident of Flat no.- 202, Block- A, Myrah Residency, Road No.- 4, Mahesh Nagar, P.S.- Pataliputra, District- Patna (Bihar). ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Urban Development and Housing Development, Government of Bihar, Patna. 2. The Chairman, Bihar Urban Infrastructure Development Corporation Limited, Rajapur Pul, West Boring Canal Road, Patna- 800001. 3. The Managing Director, Bihar Urban Infrastructure Development Corporation Limited, Rajapur Pul, West Boring Canal Road, Patna- 800001. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shaishav Kumar, Advocate For the Respondent/s : Mr. Lalit Kishore, Sr. Advocate Mr. Ayush Kumar, Advocate Mr. Kanishka Shankar, Advocate Mr. Rabindra Kr. Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 30-04-2025 Heard Mr. Shaishav Kumar, the learned Advocate for the petitioner and Mr. Lalit Kishore, the learned Senior Advocate for the Bihar Urban Infrastructure Development Corporation Limited (in short ‘BUIDCO’). 2. The primary grievance of the petitioner is that without any lawful reason, the tender floated by the Patna High Court CWJC No.19805 of 2024 dt.30-04-2025 2/3 BUIDCO was ultimately cancelled for no reason. 3. The learned counsel for the petitioner has submitted that he was one of the bidders in the tender, which was for selection of Chartered Accountant Firms for outsourcing of accounting and financial management services in BUIDCO. 4. The response of the BUIDCO is that with the onset of the Lok-Sabha elections and the moral code of conduct being promulgated, the tender had to be withdrawn. Mr. Lalit Kishore, the learned Senior Advocate has further submitted that a fresh tender was issued under which the process of selection has perhaps been finalized. 5. The petitioner but had not participated in the next tender. 6. Be that as it may, considering the fact that the entire tender was withdrawn and a fresh tender was issued, there is no element of malafide in the decision made. Though we do take into account the fact that the Patna High Court CWJC No.19805 of 2024 dt.30-04-2025 3/3 Government has to ensure the sanctity of a public tender, but then, in the absence of any contract having been entered into between the BUIDCO and anyone of the parties, such principles cannot be harped upon. 7. Though we have some reservation in accepting the reason of termination of the tender, namely, the onset of Lok-Sabha elections, but considering the fact that the second tender was floated in which the selection process was finalised, we do not wish to go any further. 8. The petition is dismissed. avinash/Sunil (Ashutosh Kumar, ACJ) (Partha Sarthy, J) AFR/NAFR CAV DATE N/A Uploading Date 01.05.2025 Transmission Date