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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
                                                      3/3




                     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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