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Patna High Court · body

2007 DIGILAW 1889 (PAT)

Shri Gopal Bhagwan Das v. Bihar State Text Book Publishing Corporation Limited

2007-12-12

NAVANITI PRASAD SINGH

body2007
Judgment 1. The petitioners have filed an interlocutory application for stay of awarding of tender by the Text Book Corporation. In my view, the writ petition can be disposed of at this stage itself, and it is heard as such with consent of parties. 2. A tender was issued by the Text Book Corporation. The notice inviting tender specified certain qualities of paper and the production capacity of mill which was to supply papers. According to conditions these basic parameters were changed by a corrigendum issued which they received late. Nevertheless, they participated but their tender was rejected for lack of bank guarantee and is now placed on record by counter affidavit because their price was uncompetitive. Petitioners challenge the said actions. They say that had they got enough time, they could have made better offer. 3. In my view, having participated in the tender without demur, the petitioners cannot now be allowed to turn around and challenge the very basis on which they participated. This is well established. It would have been another matter if the petitioners in protest would not have participated and complained about the short time granted. Petitioners having taken chance and not succeeded cannot now turn around and challenge. 4. This writ application merits no consideration and is dismissed as such.