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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
                                                    2/2




                   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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