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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WITHDRAWN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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