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Judgment
R.K. Merathia, J.—According to the Petitioners, the work was rightly split and given to the three Petitioners along with Respondent No. 7 M/s. Laxmi Buildcon Pvt. Ltd., but thereafter the entire work has been given to Respondent No. 7.
On the other hand, counsel for the State and the Respondent No. 7 submitted that the work could not be split and therefore it was rightly given to Respondent No. 7.
Both the parties are relying on different letters, circulars, decisions of one or other officer/authority of the Government. The Respondent No. 7 is relying on several documents, including the notings/orders of the Chief Secretary, whereas referring to several documents, it is contended on behalf of the Petitioners that all the relevant documents were not placed before the Chief Secretary.
It is not possible for this Court to decide the controversies involved in this writ petition.
In the circumstances, the matter is remitted back to the Chief Secretary, State of Jharkhand.
The Petitioners, the concerned department and Respondent No. 7 will make their representations before him within two weeks, on which a reasoned decision will be taken after giving opportunity of hearing to them, as early as possible and preferably within four weeks from the date of receipt of such representation.
It goes without saying that the parties will cooperate in early disposed of the matter.
Till such decision is taken, the interim order dated 16.8.2010 will continue.
Before parting with this order, I wish to make certain observations.
A good number of writ petitions arising out of tender matters are coming up before this Court. The Chief Secretary will consider whether, such litigations can be avoided by constituting a grievance redressal committee/forum of good and competent officers for taking decision on the complaints made by one or other party relating to tender by passing a reasoned order, within a fixed time. If any party wants to move Courts of law against such decision, the reasons for taking such decision will be before the Courts which can be examined and such disputes can be decided expeditiously.
It is common knowledge that due to their pendency or interim orders passed in the cases relating to tender matters, ultimately, the work and the public suffer.
With these observations and directions, this writ petition stands disposed of.
Let a copy of this order be handed over to the learned Counsel for the State for communicating the same to the Chief Secretary.