Patna High Court
Mansi Matsyajibi Sahyog Ltd.versusThe Union of Indian
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
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
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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
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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
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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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