Patna High Court
Angad Kumar UpadhyayversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The court allowed the petitioner to withdraw the writ and dismissed the application as infructuous without addressing the merits.
Summary
Angad Kumar Upadhyay filed a writ petition challenging the Technical Bid Committee's disqualification of SBI (respondent No.10) for not complying with the bank certificate format, and also the Financial Bid Committee's award of the contract to SBI as the lowest bidder. The petitioner sought certiorari to quash those decisions and mandamus directing a re‑examination of all bidders' documents. During the hearing, the petitioner’s counsel requested permission to withdraw the writ as it had become infructuous. The State Bank of India raised no objection. The court granted permission to withdraw, dismissed the writ application as infructuous, and ordered any pending applications to stand disposed.
Issues considered
- Whether the Technical Bid Committee's decision to disqualify the respondent for non‑compliance with the NIT bank‑certificate requirement can be quashed.
- Whether the Financial Bid Committee's award to the respondent as lowest bidder can be set aside.
- Whether the court can issue mandamus directing the Technical Bid Committee to re‑examine all bidders' documents.
Subjects
- writ petition
- certiorari
- mandamus
- procurement
- technical bid committee
- financial bid committee
- withdrawal
- infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14806 of 2025
======================================================
Angad Kumar Upadhyay, S/o Late Satish Chandra Upadhyay, Resident of
Gopidih, Jamui, Distirct-Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Rural Works department,
Govt. of Bihar, Patna.
2. The principal Secretary, Rural Works Department, Govt. of Bihar, Patna.
3. The Engineer-in-Chief, Rural Works Department, Vishveshwarya Bhawan,
Bailey Road, Patna.
4. The Nodal Officer, PMGSY (Pradhan Mantri Gramin Sadak Yogana) Bihar,
Patna.
5. The Chief Engineer-3, Rural Works Department, Govt. of Bihar, Patna.
6. The Superintendent Engineer, Rural Works Department Govt. of Bihar,
Patna.
7. The Executive Engineer Rural Works Department Work Division, Jhajha.
8. The Zonal Manager, S.B.I. Patna.
9. The Branch Manager, S.B.I., Ziradei, Siwan.
10. Arun Kumar Jaiswal S/o Jagdeo Prasad Jaiswal Resident of Surwal, P.O. and
P.S.-Ziradei, Distirct-Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Ranjan, Advocate
Mr.Shashi Bhushan Singh, Advocate
For the State : Mr.Additional Advocate General (9)
For the SBI : Mr. Wasi Mohammad, Advocate
Mr. Abbas Haider, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 22-04-2026 Heard learned counsel for the parties.
2. The following reliefs have been sought in the
present writ application:
Patna High Court CWJC No.14806 of 2025(5) dt.22-04-2026
2/3
“(1) For issuance of an appropriate writ in the
nature of Certiorari for quashing the decision dated
04.07.2025 contained in Memo no. 2549 dated
07.07.2025 and Memo no. 2735 dated 28.07.2025
of the Technical Bid Committee with respect to
respondent no.10 by which the Technical Bid
Committee has qualified respondent no.10 ignoring
the condition of NIT by which Bank certificate had
to produce in due formate as give in Model Bidding
Documents (hereinafter MBD) and also for
quashing the decision of Financial Bid Committee
by which respondent no.10 has declared as the
lowest bidder.
(II) For issuance of an appropriate writ in the
nature of Mandamus, Commanding and directing
the respondents to direct Technical Bid Committee
to re-examine the documents of all the bidders
taking into account of the complaint filed by the
petitioner and place the names of qualified bidders
before the Financial Bid Committee and in case the
petitioner becomes lowest bidder work order may
be given to him.
(III) For issuance of any other appropriate
writ/writs, order/orders, direction/ directions for
which the writ petitioner shall be found entitled
under the facts and circumstances of the case.”
3. Mr. Ritesh Ranjan, learned counsel appearing on
behalf of the petitioner, seeks permission to withdraw the
present writ application as the same has become infructuous.
Patna High Court CWJC No.14806 of 2025(5) dt.22-04-2026
3/3
4. Mr. Wasi Mohammad, learned counsel appearing
on behalf of the State Bank of India, raises no objection.
5. Permission is accorded.
6. Accordingly, the present writ application is
dismissed as having become infructuous.
7. Pending application, if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Sujit/-
U
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