Patna High Court
Sushil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the pending representation must be decided first, directing the respondent to consider it and pass an order within ten days, and disposed of the writ petition.
Summary
The petitioner, Sushil Kumar Singh, submitted a technical bid (Sl. No. 66) for the NIT RWD/MGSY/HQ/ET/13/2025-26 and alleged that the Technical Bid Committee of the Rural Works Department rejected it in a mechanical and arbitrary manner, violating principles of natural justice. He filed a writ petition seeking to set aside the rejection, compel acceptance of his technical bid, consider his financial bid, and restrain the department from awarding the contract pending resolution. The petitioner had also filed a representation on 09.01.2026 before the Engineer‑in‑Chief, which remained pending. The Court observed that the pending representation must be decided after giving an adequate hearing to all stakeholders and directed the Engineer‑in‑Chief to pass an appropriate order within ten days. Consequently, the Court disposed of the writ petition, ordering the department to refrain from further tender proceedings until the representation is resolved.
Issues considered
- Whether the rejection of the petitioner’s technical bid by the Technical Bid Committee was arbitrary and violative of natural justice.
- Whether the High Court can direct acceptance of the technical bid and stay the tender process pending resolution of the petitioner’s representation.
Subjects
- tender
- technical bid
- natural justice
- administrative law
- writ petition
- public procurement
- representation
- stay order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1443 of 2026
======================================================
Sushil Kumar Singh Son of Sri Uma Shankar Singh, resident of House No. B-
151, Mohalla- Buddha Colony, Near Ratan Villa Apartment, P.S.- Buddha
Colony, District- Patna (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Rural Works Department,
Government of Bihar, Patna.
2. The Technical Bid Committee, Rural Works Department, Government of
Bihar, Patna.
3. The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary,
Rural Works Department, Government of Bihar, Patna.
4. The Nodal Officer, Mukhyamantri Gramin Setu Yojna (MGSY), Rural
Works Department, Government of Bihar, Patna.
5. The Chief Engineer-4, Rural Works Department, Purnea Zone, Purnea.
6. The Superintending Engineer, Rural Works Department, Works Circle
Madhupura, Madhepura.
7. The Executive Engineer, Rural Works Department, Works Division
Triveniganj, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate
For the Respondent/s : Mr. Amish Kumar, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 10-02-2026 Heard learned counsel for the parties.
2. Following reliefs are sought for in the present writ
application:
“(a) To set aside the decision by the
Respondent Technical Bid Committee of the
Rural Works Department in its Meeting dated
02.01.2026 [Annexure P5 to the writ
Patna High Court CWJC No.1443 of 2026(2) dt.10-02-2026
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application] to the extent the technical bid of
the Petitioner with respect to NIT
bearing RWD/MGSY/HQ/ET/13/2025-26
dated 01.09.2025 [Sl. No. 66] was rejected,
in a most mechanical and arbitrary manner
without following the principles of natural
justice.
(b) For a direction upon the Respondents to
accept the technical bid of the
Petitioner with respect to NIT bearing
RWD/MGSY/HQ/ET/13/2025-26 dated
01.09.2025 [SI. No. 66] and consider the
financial bid of the Petitioner forthwith with
all consequential benefits.
(c) For a further direction upon the
Respondents to abstain from allotting work
with respect to NIT bearing
RWD/MGSY/HQ / ET / 13 / 2025-26 dated
01.09.2025 [Sl. No. 66] for 'Constructions at
4 (four) sites within Triveniganj Works
Division' during the pendency of the instant
writ application.
(d) To pass any other order/orders in shape
of a consequential relief to which the
Petitioner may be found to be legally entitled
to in the facts and circumstances of the
instant case at hand.”
3. The petitioner has made a representation for
Patna High Court CWJC No.1443 of 2026(2) dt.10-02-2026
3/3
redressal of his grievance vide letter dated 09.01.2026
(Annexure- P6) before the respondent No. 3 and the same is
pending consideration till date.
4. Considering the reliefs as sought for in the present
writ application and the fact that the representation is still
pending, respondent No. 3 is directed to consider the same and
pass an appropriate order in accordance with law, after giving an
adequate opportunity of hearing to all the stakeholders, within a
period of ten (10) days from the date of receipt or production of
a copy of this order.
5. It is made clear that before proceeding further in
the tender process, respondent No. 3 shall dispose of
Annexure-P6.
6. With the aforesaid observation and direction, the
present writ petition stands disposed of.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
Ibrar//- ( Rajesh Kumar Verma, J)
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