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Patna High Court

Mansi Matsyajibi Sahyog Ltd.versusThe Union of Indian

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as infructuous because the tender period has expired and the award has become final.

Summary

The petitioners, Mansi Matsyajibi Sahyog Ltd. and its chairman, challenged the award of Tender No. 055EE23-23-30 for licensing water‑control and fishing rights on railway land, alleging that the tender was improperly granted to Keshav Construction and seeking a mandamus directing the Railways to grant the licence to them. The Railways contended that the tender period had expired, rendering the petition infructuous, and that the interlocutory application concerning a later e‑tender dated 06‑02‑2026 was a separate cause of action. The High Court examined the records and held that the original writ petition could no longer be entertained because the tender had reached finality and the time for relief had lapsed. It further observed that the interlocutory application could not be entertained in the present proceeding as it pertained to a different tender. Consequently, the Court disposed of the writ application, granting the petitioners liberty to file a fresh writ challenging the subsequent e‑tender. All other interlocutory applications, if any, were also dismissed.

Issues considered

  • The writ petition is maintainable despite the expiry of the tender period.
  • Whether the court can intervene and direct the award of a licence contrary to the tender award to a private contractor.
  • Whether the interlocutory application challenging a subsequent e‑tender can be heard in the same proceeding.

Subjects

  • writ jurisdiction
  • tender award
  • railway land
  • licensing
  • mandamus
  • infructuous petition
  • interlocutory application
  • e‑tender

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.12391 of 2022
     ======================================================
1.   Mansi Matsyajibi Sahyog Ltd., Mansi, District - Khagaria through its
     Chairman.
2.   Naresh Prasad Sahni, Aged about - 56 years, Male, Son of Late Vishundev
     Prasad Sahni, Resident of Village - Chukti, P.S. - Mansi, District - Khagaria,
     the Chairman of Mansi Matsyajibi Sahyog Samiti Ltd. Mansi, District -
     Khagaria.


                                                                 ... ... Petitioner/s
                                        Versus
1.   The Union of Indian through the Chairman, Ministry of Railway (Railway
     Board), Rail Bhawan, Raisina Marge, Rajpath Area, Central Secretariat,
     New Delhi-110001.
2.   The General Manager, East Central Railway, Hajipur, Vaishali.
3.   The Divisional Railway Manager (Engineering), East Central Railway,
     Sonepur, Chhapra.
4.   Divisional Engineer, East Central Railway Sonepur, Chhapra.
5.   Th Assistant Divisional Engineering, Bihpur, East Central Railway.
6.   The Keshav Construction, Samastipur through its Proprietor, Sanjay Kumar
     Yadav.


                                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Krishna Kumar, Adv.
     For the Respondent/s   :       Mr. Awadhesh Kumar Pandey, Sr. CGC
                                    Mr. Ravindra Kumar Sharma, CGC
                                    Mr. Lokesh, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
     Date : 12-05-2026

                      Heard the learned counsel for the parties.
Patna High Court CWJC No.12391 of 2022 dt.12-05-2026
                                           2/4




                       2. The petitioner has challenged the financial bid

         against the Tender No. 055EE23-23-30 opened on 17.06.2022

         by the Sr. Division, Engineer, East Central Railway, Sonepur for

         licensing the work of water control and fishing right in Section -

         Mansi (In)-Pasraha (Ex) from Km 116/00 to 92/10 on the

         Railways land under the jurisdiction of ADEN/THB for the

         period of 36 months, i.e., for the period from 01.04.2022 to

         31.03.2025 (as contained in Annexure-4) as also the entire

         proceeding arising out of Tender No. 055EE22-3-03 opened on

         17.06.2022 through which the tender has been finalized in

         favour of private respondent No. 6, the Construction Company,

         ignoring the petitioner society and further, in the nature of

         mandamus,          for      directing         and   commanding   the

         respondent/Railways to settle/grant license of the said work to

         the petitioner society in the terms and condition No. 5(8) of the

         Tender Document, bearing Tender No. 055EE22-23-03, and also

         in the terms of the Letter No. 814/WZ/18/117 dated 19.01.1987

         and 05.04.1989 issued by the Railways Board.

                       3. The learned counsel for the respondent/Railways

         submits that the counter affidavit on behalf of the Railways has

         been filed and from perusal of paragraph - 5 of the same, it

         would be clear that the tender, in question, has culminated with
Patna High Court CWJC No.12391 of 2022 dt.12-05-2026
                                           3/4




         efflux of time as the period of such tender has already expired

         and, therefore, the present writ petition has become infructuous.

         It has further been submitted that the interlocutory application

         filed by the petitioners is for staying the subsequent tender,

         which was published on 06.02.2026, which is a completely

         separate cause of action and the same cannot be entertained in

         the present writ application.

                       4. This Court, on perusal of the records, finds that

         the prayer made in the original writ application indeed has

         become infructuous on account of the lapse of time and the

         tender attaining finality.           The filing of the interlocutory

         application will also not help the petitioners as by the said

         interlocutory application, the petitioners have challenged the

         subsequent tender issued for the pond in question.

                       5. The ground taken by the petitioners that the

         Award of tender in favour of private respondent No. 6 was

         palpably illegal as it was against the policy decision of the

         respondent/Railways and as such, the grant of tender to private

         respondent No. 6 would not be said to be in consonance with the

         notification issued by the Railways and, therefore, any tender

         issued contrary to such policy decision and guidelines, should

         be entertained by this writ Court.
             Patna High Court CWJC No.12391 of 2022 dt.12-05-2026
                                                        4/4




                                     6. In view of such submission and taking into

                      account that the petitioners have the liberty to challenge the

                      subsequent e-tender notice dated 06.02.2026 through a separate

                      writ application, the present writ application is disposed of with

                      a liberty to the petitioners to challenge the open e-tender notice

                      dated 06.02.2026 through a separate writ application.

                                     7. The writ application stands disposed of with the

                      liberty aforesaid.

                                     8. Interlocutory application(s), if any, also stands

                      disposed of.



                                               (Sourendra Pandey, J)

Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          14.05.2026
Transmission Date       N/A


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