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Patna High Court

Maa Jwala EnterprisesversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application is disposed of as not pressed, with liberty granted to the petitioner to pursue the relief later if required.

Summary

Maa Jwala Enterprises filed a writ petition challenging the rejection of its technical bid in a PMGSY tender, seeking certiorari to quash the revised technical bid result and related proceedings, and mandamus to be declared technically qualified. The petition also requested quashing of any consequential actions, including opening of financial bids and agreements with third parties. The respondents, the State of Bihar and officials of the Rural Works Department, filed a supplementary counter‑affidavit indicating an intention to cancel the tender under clause‑33 of the NIT. The petitioner, through counsel, expressed that it did not wish to press the application at this stage but sought liberty to revive it if the respondents took contrary action. The Court, per Justice Sudhir Singh, disposed of the writ application as not pressed, granting the petitioner liberty to pursue the matter later, and ordered any pending applications to stand disposed as well.

Issues considered

  • Whether the petitioner may withdraw or not press the writ application pending before the Court
  • Whether the Court may grant liberty to the petitioner to re‑file the writ petition in the future

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • technical bid rejection
  • tender cancellation
  • withdrawal of petition
  • PMGSY

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.10257 of 2025
                 ======================================================
                 Maa Jwala Enterprises a sole proprietorship, having its Office At and P.O.-
                 Tiwari Tola, District- Saharsa (Bihar), Pin Code- 852201, through its sole
                 proprietor, namely Hari Shankar Jha, aged about 44 year (Male), Son of
                 Hemant Kumar Jha, Resident of Tiwari Tola, Ward No. 33, Nagar Parishad,
                 P.S. and District- Saharsa, Bihar.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Rural Works
                 Department, Government of Bihar, 5th Floor, Visesvaraya Bhawan, Nehru
                 Path, Patna, Bihar 800015.
           2.    The Additional Chief Secretary, Rural Works Department, Government of
                 Bihar, 5th Floor, Visvesvaraya Bhawan, Nehru Path, Patna, Bihar 800015.
           3.    The    Engineer-in-Chief-cum Additional       Commissioner-cum-Special
                 Secretary, Rural Works Department, Government of Bihar, 5th Floor,
                 Visvesvaraya Bhawan, Nehru Path, Patna, Bihar 800015.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Y.V. Giri, Sr. Advocate
                                                  Ms. Shrishti Singh, Advocate
                 For the State          :         Mr. P.K. Verma, Sr. Advocate(AAG-3)
                                                  Mr. Sanjay Kumar Ghoswarey, AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   13-02-2026                     Following are the reliefs sought for in the present

                   writ application:-

                                                        “(i) To issue an appropriate writ, order,
                                            direction in the nature of certiorari for quashing the
                                            revised technical bid result dated 19.06.2025
                                            uploaded by the Pradhan Mantri Gram Sadak
                                            Yojana (PMGSY) in relation to tender of the Rural
                                            Works Department, Government of Bihar, to the
                                            extent that the technical bid of the petitioner has
                                            been rejected, as indicated at serial no. 2 of the list
Patna High Court CWJC No.10257 of 2025(5) dt.13-02-2026
                                           2/3




                                  (Annexure-P/8, Pg. 81).
                                               (ii) To issue an appropriate writ, order,
                                  direction in the nature of certiorari for quashing the
                                  proceeding      bearing    memo       no.   2348        dated
                                  18.06.2025 of the technical bid tender committee to
                                  the extent that the representation of the petitioner
                                  against the objection raised has been rejected and
                                  the technical bid of the petitioner has been declared
                                  as ineligible/rejected in terms of clause 4.7(i) of the
                                  ITB to the CMBD (Annexure-P/M Pg. 12).
                                               (iii) To issue an appropriate writ, order,
                                  direction in the nature of mandamus commanding
                                  the respondents to declare the petitioner as
                                  technically qualified.
                                               (iv) To issue an appropriate writ, order,
                                  direction in the nature of certiorari for quashing any
                                  consequential     action      taken   pursuant     to     the
                                  impugned decision, including quashing of opening
                                  of financial bid and subsequent, agreements entered
                                  with third parties, if any.
                                               (v)To any other relief or reliefs for which
                                  the petitioner is found to be entitled to in the facts
                                  and circumstances of the case.”


                      2. A supplementary counter-affidavit has been filed on

          behalf of the Respondent No.3. Following statement has been

          made in Para-13 of the supplementary counter-affidavit:-

                                               “13. That in such circumstances the
                                  present respondent department is intending to
                                  cancel the tender in question under clause-33 of the
                                  NIT with the leave of the Hon’ble Court.”


                      3. Learned counsel for the petitioner submits that, for
           Patna High Court CWJC No.10257 of 2025(5) dt.13-02-2026
                                                      3/3




                     the present, he does not wish to press the present application,

                     however, seeks liberty to pursue the same in case any contrary

                     action is taken by the respondent.

                                 4. Accordingly, the present writ application stands

                     disposed of as not pressed with the aforesaid liberty.

                                 5. Pending application(s), if any, shall also stand

                     disposed of.



                                                 (Sudhir Singh, J)


                                           ( Rajesh Kumar Verma, J)
Sachin/-

U


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