SUJIT NARAYAN PRASAD,J. - (1.) The present Letters Patent Appeals have been referred before this Court in the capacity of third Judge by the administrative decision of Hon'ble the Acting Chief Justice dated 03.09.2019 reason being that the appeals (both) have been allowed by a concurring judgment but both the Hon'ble Judges have differed with each other on one issue which has necessitated these appeals to be listed before a third Judge and in pursuance thereto, the matter has been placed before the Hon'ble the Chief Justice in the Administrative Side, for assigning the matter to a third Hon'ble Judge, for ready reference, the aforesaid administrative order is reproduced below :- Hon'ble The Acting Chief Justice My Lord, PUC may kindly be perused. PUC is an order dt.30.04.2019 passed by Hon'ble Division Bench comprising Hon'ble Mr. Justice H.C. Mishra and Hon'ble Mr. Justice S.K. Dwivedi in L.P.A. No. 730 of 2018 with L.P.A. No. 734 of 2018 in the aforesaid order, Their Lordships have been pleased to observe as under:- "Judgment has been delivered in open Court today, according to which, both these appeals are allowed by us, by a concurring Judgment. We have, however, preferred to differ with each other on one issue, which has necessitated these appeals to be listed before a third Judge. Let these matters be placed before the Hon'ble the Chief Justice in the administrative side, for assigning the matter to a third Hon'ble Judge." L.P.A. No. 730 of 2018 with L.P.A. No. 734 of 2018 has been preferred against the order dated 02.08 2018 passed in WP (C) No.986 of 2018 with W.P. (C) No.888 of 2018 passed by Hon'ble Mr.Justice Rajesh Shankar. Under the aforesaid facts and circumstances, perhaps Your Lordship may feel inclined to assign in L.P.A. No. 730 of 2018 with L.PA. No. 734 of 2018 to be listed before a third Hon'ble Judge of this Court. Submitted before Your Lordship for kind perusal and necessary orders/directions. Sd/- 3.9.19 (Sanjeev Kumar Das) Joint Registrar (List &Computer) Assigned to Mr. Justice Sujit Nr. Pd. Sd/- 3.9.19 Hon'ble The Acting Chief Justice
(2.) Hon'ble the Acting Chief Justice has taken such decision in pursuance to the power conferred under Rule 41 of High Court of Jharkhand Rules, 2001 which reads hereunder as :- "41. When in an appeal in any civil matter heard by a Bench of two Judges, a difference of opinion arises between them on a point of law, if either of the Judges desire that the appeal be referred, it shall be referred to and heard and determined by such Judge or Judges as the Chief Justice may appoint. The appeal shall be re-argued before the Judge or Judges to whom it is so referred either sitting apart from or with the referring Bench as the Chief Justice directs." 
(3.) This Court, before expressing its opinion about the views of the Hon'ble Judges, deems it fit and proper to refer some factual aspect. The factual aspect giving rise to prefer appeal is that writ petitions have been filed by one Mandeepa Enterprises, Respondent No.5 to the appeal, hereinafter referred as the writ petitioner/Respondent No.5, for seeking a writ in the nature of mandamus for quashing the tender notice dated 12.02.2018 being Tender Reference No. RCD/Seraikela/188 issued by the Executive Engineer, Road Construction Department, Road Division, Seraikella-Kharsawan and further direction upon the respondents to issue the Letter of Award (LOA) in favour of the petitioner as found suitable twice by the Tender Committee as also for restraining the respondents to proceed further in pursuance to the Tender Notice dated 12.02.2018 (Annexure-8 to the writ petition), in relation to the work of collection of user fee in Kandra-Chowka Section 5 + 780 Km for two years. The occasion to file the writ petitions was that even in spite of the decision taken by Tender Committee meeting which was convened under the Chairmanship of Engineer-in-Chief, Road Construction Department, Jharkhand for consideration of candidature of one or the other bidders which was opened on 09.10.2017 and the petitioner since was single bidder, as such by virtue of decision dated 06.12.2017, the bid of the petitioner was considered by the Tender Committee who had taken decision to open financial bid of the petitioner. The petitioner has received the Tender Summary Reports on 11.02.2018 through internet and his selection for toll operation of Kandra-Chowka Road was finally found to be responsive and in consequence thereof, Letter of Award has been issued. ;