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
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(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
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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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