Patna High Court
M/s Sudha BakeryversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The tender was discharged, making the writ petition infructuous; therefore, the petition was dismissed.
Summary
M/s Sudha Bakery filed a writ petition challenging a communication dated 08‑04‑2025 that its techno‑commercial bid for Tender No. C‑470‑GMU‑91‑RXL‑2025 was declared technically unsuitable without any prior notice or reasons. The petitioner also alleged that the bid was arbitrarily allotted to R.R. Enterprise despite offering a lower rate and sought the quashing of the allotment letter. The respondents produced a Tender Decision dated 25‑07‑2025 stating that the tender had to be discharged because the location of the GMU‑91 was to be shifted under the Amrit Bharat Station Scheme and that a fresh tender would be issued. The Court observed that the tender had already been discharged, rendering the petitioner’s reliefs moot. Consequently, the writ application was held to be infructuous and was disposed of. The petition was not entertained further.
Issues considered
- Whether the communication rejecting the bid without prior notice can be quashed.
- Whether the alleged allotment of the bid to R.R. Enterprise was an arbitrary exercise of power.
- Whether the writ petition remains maintainable after the tender has been discharged by the authorities.
Subjects
- tender
- techno‑commercial bid
- e‑tender
- notice
- arbitrary exercise of power
- writ jurisdiction
- tender discharge
- railway procurement
- Amrit Bharat Station Scheme
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13818 of 2025
======================================================
M/s Sudha Bakery Barbatta Bazaar, Sonpur, District- Saran, Pin Code-
841101, through its Proprietor, Arunoday Kumar, Aged about- 57 Years,
Male, Son of Ganga Vishnu Anavi, Resident of Barbatta Bazaar, Police
Station- Sonpur, Post Office- Sonpur, District- Saran, Pin Code- 841101.
... ... Petitioner
Versus
1. The Union of India through Secretary, Ministry of Railway, Government of
India, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code- 110001.
2. The Secretary, Ministry of Railway, Government of India, Rail Bhawan, 1,
Raisina Road, New Delhi, Pin Code- 110001.
3. The Divisional Railway Manager, Samastipur Division.
4. The Chief Vigilance Officer, East Central Railway, Hajipur, Bihar.
5. R.R. Enterprise, through its proprietor, Sri Manoj Kumar, Gender- Male,
Son of Ram Ayodhaya Sah, Resident of Anwarpur East Baghdulhan Hajipur,
Police Station- Hajipur Nagar, Post Office- Hajipur, District- Vaishali.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate
For the Respondents : Mr. Alok Kumar, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
6 30-04-2026 Heard learned counsel for the parties.
2. Following is the relief sought for in the present writ
application:-
"I. That the present writ application is being
filed for quashing of the communication dated-
08.04.2025, received by the proprietor of the
petitioner on his email address-
[email protected] by which, it
has been informed to the petitioner that his
Patna High Court CWJC No.13818 of 2025(6) dt.30-04-2026
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Techno Commercial Bid against Tender No. C-
470-GMU-91-RXL-2025, which was due on
24.01.2025, at 15:00 Hrs. has been found
technically unsuitable due to the reason that the
bid has been found unresponsive as per the
tender document. The aforesaid communication
has been made on the email of the petitioner i.e..
[email protected] by E-tender,
Samastipur Division- Commercial /East Central
Railway without giving any notice to the
petitioner or disclosing any reason as to why the
bid has been found non-responsive as tender
document.
II. For allotment of techno commercial bid
against tender number C-470-GMU-91-RXL-
2025, which has been made in favour of
Respondent No. 5 illegally and in arbitrary
exercise of power by the respondent Railway
authorities notwithstanding the fact that the
petitioner has quoted lower rate for doing
aforesaid work, than the respondent number 5.
The petitioner also prays that respondent
authority of railway may be directed to produce
the letter of allotment of bid in favour of
respondent number 5 and same may be quashed
by an order of this Hon'ble Court.
III. That the petitioner further prays for
direction upon the respondents which this
Hon'ble Court may deems fit and proper in the
facts and circumstances of the present case in
accordance with law."
Patna High Court CWJC No.13818 of 2025(6) dt.30-04-2026
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3. A counter affidavit has been filed on behalf of the
Respondnets-State, wherein a Tender Decision dated 25.07.2025
has been brought on record. The relevant part of the said
decision reads as follows:-
"5.0. DISCUSSION ON OFFERS Bid
Security/Security Deposit and performance
gurantee and may also lead to any of the action
provides in the contract including banning of .
5.2 In continuation with TC minutes dated
07.04.2025 further deliberation are as under:-
• Convenor States that GMU-91,
which is located at Raxual Railway station at
PF-01 (Near Pole no. 08), may need to be
shifted or relocated due to redevelopment work
under Amrit Bharat Station Scheme.
• It was further noted that the new
location of GMU-91 cannot be determined at
this stage (letter attached).
6.0 सं सतु तत RECOMMENDATIONS
6.1 In light of above discussion, the tender may
be discharged and a fresh tender will be
initiated after decision of new location."
4. Upon perusal of the aforesaid, it is apparent that the
tender in question itself has been discharged, rendering the
present writ application infructuous.
5. Accordingly, the present writ application stands
disposed of as having become infructuous.
Patna High Court CWJC No.13818 of 2025(6) dt.30-04-2026
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6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Shailendra Singh, J.)
Gaurav Kumar/-
U
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