High CourtsDivision Bench(2024) 03 PAT CK 0087

Vikrant Kumar Gupta vs State Of Bihar

Patna High Court · Decided on 21 March 2024

HON’BLE JUDGES
K. Vinod Chandran, CJ · Harish Kumar, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No. 16897 Of 2023

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Judgment

7 paragraphs · 263 words
1.

The petitioner is before this Court alleging that the petitioner's bid was cancelled without looking into the title deed  produced. The specific contention of the petitioner was that he had produced a title deed in compliance with Condition No. 8(ii) along with the tender document.

2.

We had on the last occasion directed the title deed of the property to be produced. By I.A.No. 1 of 2024, the title deed of the property is produced. It is categorically stated in the affidavit, in support of the document, that the property belongs to the father and mother of the petitioner. We specifically put a query to the petitioner’s Counsel as to whether the father and mother are alive. It is admitted that they are both alive. We look at Clause 8(ii), which is extracted hereunder:

“8(ii) Certificate of personal immovable property worth not less than Rs.25(twenty five) lakhs issued by the competent authority not less than the rank of SDO/CO.”

(underlining by us for emphasis)

3.

The above extract shows that it specifically refers to certificate of personal immovable property. The certificate of immovable property is required only since if any default is committed, on the work awarded, the contractor will have to be proceeded against. It is hence the specific indication that it should be the personal property. The property belongs to the father and mother and not to the petitioner.

4.

In such circumstances, we have absolutely no reason to interfere with the rejection of the petitioner's tender. The writ petition stands dismissed.

5.

Interlocutory application(s), if any, shall stand dismissed.