Ramakant Singh vs The State Of Bihar & Ors

S. No.,"Notice Inviting Tender floated in

the year 2012","Fresh Notice Inviting Tender

floated on 09.03.2018

1.,"The license was for a period of 2

years and was eligible for

extension for 5 years subject to

fulfillment� of terms and

conditions.","The� license� is� for� a

period Of 10 years subject to

fulfillment of terms and conditions.

2.,"The Management fees for the

operation and maintenance of

the� Hotel� was�

subject� to enhancement @

10% year.","The Management fees for The

operation and maintenance of the

Hotel is subject to enhancement

@ 5% year.

3.,"Subletting was expressly

restricted.",Subletting has permitted.

4.,"A registered company,

partnership, proprietorship firm,

registered society or individual�

could submit the bid.","Only Public and Pvt. Ltd.

Company can submit their bids.

5.,"In order to be� eligible for

bidding it� was� required�

to have an average turnover of Rs.

50 lakhs for past 5 years.","In order to be eligible for bidding

it was required to� have an

average turnover of Rs. 5 Crores

for past 3� years.

evident from his letter dated 30.01.2018 addressed to Hon�ble Minister, Tourism Department, Patna requesting for extension of term of lease.",,

Such extension was granted to the petitioner by letter dated 08.02.2018 (Annexure-P/6) upto 31.03.2018 and for which the petitioner duly made,,

payment of the requisite amount of Rs. 5,60,205/- thereafter. It is pointed that had the lease been for a period of more than five years in the",,

aggregate, the petitioner would have deposited the annual amount of charges for the 6th year three months before expiry of the 5th year as",,

required in the case of the earlier years, but this has also not been done.",,

7.Learned counsel for the respondent further submits that the short tender notice cannot be said to be discriminatory as the eligibility criteria applies,,

to all persons and is not intended to exclude any one person or another, much less the petitioner.",,

8.Having heard learned counsel for the parties and on consideration of the materials available on record, this Court finds the writ petition",,

completely devoid of merit. A bare perusal of the preamble of the allotment letter dated 04.01.2013 clearly states that the license was intended for,,

a period of 2/3/5 years and not for 7 years as contended on behalf of the petitioner. Similarly, the lease agreement dated 04.01.2013 also",,

enumerates annual charges to be paid year-wise from the 1st year upto the 5th year. There is no mention of charges for the 6th year and the 7th,,

year, which supports the contention of the respondents that the lease period stated in Clause 7 of the agreement could only mean an initial period",,

of two years extendable by a further period of one year each for 3 years. In view of the petitioner�s own admission in his letter dated,,

30.01.2018 that expiry of the term of lease was on 04.02.2018, it is hardly open for him now to contend otherwise. Moreover, the term of lease",,

having been extended till 31.03.2018 and the petitioner having duly paid charges of Rs. 5,60,205/- pursuant thereto, the question of legitimate",,

expectation beyond the period of extension cannot arise. Similarly, the mere fact that the petitioner made substantial investment by way of",,

installation of air-conditioner and furniture cannot entitle him to a right to continue under the agreement beyond the period of 5 years contemplated,,

therein. This Court is of the view that there is nothing in the short tender notice to indicate that it was intended to target the petitioner alone,",,

excluding him from participation. The period under the agreement with the petitioner as extended upto 31.03.2018 would be coming to an end,,

soon, and as such the respondents were within their rights to issue a fresh short tender notice. It is within their exclusive domain to decide the terms",,

on which fresh licence would be granted. Nothing in the short tender notice can be said to be arbitrary and discriminatory.,,

9.The writ petition accordingly stands dismissed.,,