Patna High Court
Anjani DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition was dismissed as infructuous because the contract had already been awarded and work was in progress.
Summary
Anjani Devi, the second lowest eligible bidder for a rural works contract, filed a writ petition seeking a mandamus to set aside the Technical Bid Committee's decision and to have the bids re‑evaluated, claiming entitlement to the contract. The respondent, M/s Pradeep Kumar Jha, contended that the work order had already been issued on 22‑08‑2025, an agreement executed on 16‑09‑2025, and that more than half of the work had been completed. The court held that, given the contract had been awarded and performance underway, the writ petition was no longer capable of granting any relief. Consequently, the petition was dismissed as infructuous. No substantive examination of the bidding calculations was undertaken, and the application was disposed of.
Issues considered
- What is the appropriate remedy when a contract has already been awarded and work commenced?
- Can a writ of mandamus be issued to set aside a Technical Bid Committee's decision after the contract is executed?
Subjects
- writ of mandamus
- technical bid committee
- public procurement
- contract award
- infructuous
- rural works department
- bidding evaluation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14192 of 2025
======================================================
Anjani Devi wife of Shri Shankar Prasad, resident of Village- and Post- Fatki,
Ward No.08 (Banki), PS- Madhepur, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Rural Works
Department, Government of Bihar, Patna.
2. The Engineer-in-Chief-cum-Additional Commissioner-cum- Special
Secretary, Rural Works Department, Government of Bihar, Patna.
3. The Chief Engineer-6, Rural Works Department, Darbhanga.
4. The Nodal Officer, Mukhya Mantri Gram Sampark Yojna (AWSESH),
Patna, Bihar.
5. The Superintending Engineer, Rural Works Department, Works Circle,
Madhubani, District- Madhubani.
6. The Executive Engineer, Rural Works Department, Works Division
Jhanjharpur, District- Madhubani.
7. M/S Pradeep Kumar Jha, Proprietor Pradeep Kumar Jha, S/o Sri Durganand
Jha, resident of Village, Post and P.S.- Araria, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratanakar Jha, Advocate
For the Respondent No.7 : Ms. Rashmi Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
7 15-06-2026 Heard learned counsel for the parties.
2. Following is the relief sought for in the present writ
application:-
“(a) To issue a writ of mandamus or any
Patna High Court CWJC No.14192 of 2025(7) dt.15-06-2026
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other appropriate writ, order or direction setting
aside the decision of the Technical Bid Committee of
the Rural Works Department dated 02-07-2025
relating to the evaluation and acceptance of the bid
of M/s Pradeep Kumar Jha, for failure to properly
calculate and consider the bid capacity as required
under Clause 4.4A and 4.4 of the Combined Model
Bidding Document (CMBD).
(b) To direct the Respondents to evaluate
the bids afresh in accordance with Clause 4.6 of the
CMBD, including proper calculation of bid capacity
of all bidders, particularly M/s Pradeep Kumar Jha.
(c) To declare the Petitioner, being the
second lowest eligible bidder, entitled to be awarded
the contract for the tender floated under Tender ID-
141216 for Construction and 06 year Routine
Maintenance work under Mukhya Mantri Gram
Sampark Yojna (AWSESH), Works Division,
Jhanjharpur.
(d) To grant any other relief or reliefs
for which the petitioner found entitled to in the facts
and circumstances of the case.”
3. Ms. Rashmi Jha, learned counsel for the
Respondent No. 7 submits that the work order has already been
issued on 22.08.2025 and pursuant thereto, an agreement was
executed on 16.09.2025. It is further submitted that more than
50% of the work has already been carried out.
4. In view of the aforesaid statement, it is evident that
the present writ application has become infructuous.
5. Accordingly, the present writ application stands
Patna High Court CWJC No.14192 of 2025(7) dt.15-06-2026
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disposed of as having become infructuous.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Ranjan Kumar Jha, J)
Sachin/-
U
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