PATNA, India, Oct. 31 -- Patna High Court issued the following judgment on Oct. 9:
From a comprehensive perusal of records of both the cases, it is found that the facts of both the cases are similar and common issues arise for consideration. Therefore, both the cases are being disposed of by this common judgment.
CWJC No. 19226 OF 2024 FACTS OF THE CASE: Heard the parties. 2. The petitioner in the present writ application seeks the following main relief:
"(i) To issue an appropriate writ/ order/ direction in the nature of certiorari for setting aside/ quashing of the order passed by the Respondent Chief Engineer, Bihar Police Building Construction Corporation, Patna (BPBCC) dated 17.08.2024 contained in memo no. HQ3310 as well as the Appellate order dated 13.11.2024 bearing memo no. HQ4625 by which the petitioner's firm/ company M/S Nirman Engicons Pvt. Ltd. has been imposed a penalty of blacklisting for two years and further for a direction to the Respondent Corporation to return the security money of Rs. 11,15,000 deposited at the time of submitting the tender paper."
3. Learned counsel for the petitioner respectfully submits that the present writ petition has been preferred challenging the order dated 17.08.2024 contained in Memo No. HQ-3310 passed by the Respondent Chief Engineer, Bihar Police Building Construction Corporation (hereinafter referred to as the "BPBCC"), Patna, whereby the petitioner's firm, M/s Nirman Engicons Pvt. Ltd., has been blacklisted for a period of two years, as also the appellate order dated 13.11.2024 contained in Memo No. HQ-4625, by which the said order of blacklisting has been affirmed. The petitioner has further prayed for a direction upon the respondent Corporation to refund the security deposit of Rs. 11,15,000/- which was submitted at the time of tender participation.
4. The learned counsel for the petitioner submits that the controversy arises out of E-Tender Notice No. 05/SBD/2022-23 published on 18.05.2022 by the respondent Corporation, wherein the petitioner's firm was one of the bidders with respect to item No. 17 of the said tender. It is submitted that as per the tender notice, the technical bid was initially scheduled to be opened on 01.07.2022, but subsequently corrigenda dated 23.06.2022 and 28.06.2022 extended the dates for uploading the bid papers and for opening of the technical bid. However, despite such corrigenda, the entire bid process was mandatorily required to be completed within 120 days from 18.05.2022, i.e. on or before 17.09.2022.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTkxNzMjMjAyNCMxI04=-c9289hnjVH4=
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