Patna High Court
M/s Dayanand Prasad Sinha and Co.,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ application is infructuous and is disposed of.
Summary
M/s Dayanand Prasad Sinha and Co., a partnership firm, filed a writ petition challenging the award of a road construction contract by the State of Bihar. The petitioners alleged irregularities in the tendering process and sought relief to set aside the work order. The respondents, including various officials of the Road Construction Department and the awarded contractor, submitted that the financial bid was opened on 5 August 2025 and the work order was issued on 8 August 2025, with the project already 11 months into its 18‑month schedule. The Court observed that, given the issuance of the work order and substantial progress of the work, the writ petition had become moot. Consequently, the Court disposed of the writ application as infructuous, also dismissing any pending applications.
Issues considered
- Whether a writ petition challenging a tender award remains maintainable after the work order has been issued and the work is substantially underway
Subjects
- writ jurisdiction
- public procurement
- tender award
- infructuous petition
- administrative law
- road construction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12525 of 2025
======================================================
M/s Dayanand Prasad Sinha and Co., a partnership firm through its managing
partner Dayanand Prasad Sinha, Gender - Male, Aged about 81 years, Son of
Late Harbanshi Lal, Resident of Janta Path, P.S. - Kankarbagh, District and in
the town Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.
2. The Additional Chief Secretary, Road Construction Department,
Visheweshraiya Bhawan, Baily Road, Patna.
3. The Engineer-in-Chief, Road Construction Department, Visheweshraiya
Bhawan, Baily Road, Patna.
4. The Chief Engineer, South, Visheweshraiya Bhawan, Baily Road, Patna.
5. The Departmental Tender Committee, Road Construction Department,
Bihar, Patna.
6. The Technical Bid Evaluation Committee, Road Construction Department,
Visheweshraiya Bhawan, Baily Road, Patna.
7. The Superintending Engineer, Central Circle, Road Construction
Department, Patna.
8. The Executive Engineer, Road Construction Department, Works Division,
Biharsharif.
9. M/S Sunny Engineering Works, Flat No. 21, Surya Apartment, Frazer Road,
Patna-800001.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Lal Babu Singh, Advocate
For the State : Mr. Amish Kumar, A.C. to A.G.
For the Respondent No.9: Mr. Mirigank Mauli, Sr. Advocate, Mr. Kumar
Ravish, Advocate and Mr. Rohit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 15-06-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. Mr. Mirigank Mauli, learned senior counsel for
Patna High Court CWJC No.12525 of 2025(5) dt.15-06-2026
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respondent no. 9, submits that the financial bid has been opened
on 05.08.2025 and the work order has already been issued on
08.08.2025. It is further submitted that the stipulated period for
completion of the work is 18 months. It is submitted that 11
months have already elapsed and a major portion of the work
stands completed.
3. In view of the aforesaid submissions, this Court is
of the view that the present writ application has become
infructuous.
4. Accordingly, the present writ application stands
disposed of as having become infructuous.
5. Pending application (s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Ranjan Kumar Jha, J)
U.K./-
U
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