Patna High Court
New Hope AAS Consultants Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The writ petition is dismissed as infructuous because the award has been made and the agreement executed, rendering the relief sought moot.
Summary
New Hope AAS Consultants Pvt Ltd filed a writ petition in the Patna High Court challenging the Technical Bid Evaluation Committee’s decisions that disqualified its technical bid and ordered the opening of the financial bid in a government tender. The petitioner sought certiorari to quash the committee’s memos and mandamus directing the authorities to declare its bid responsive and to investigate the selection of only two technical bids. The State contended that a Letter of Award had already been issued to another respondent and an agreement executed, rendering the relief sought moot. The Court held that, because the agreement had been executed, the writ petition had become infructuous and could not be entertained. Accordingly, the petition was dismissed, with the court noting that the petitioner may pursue other legal remedies.
Issues considered
- Whether the Technical Bid Evaluation Committee’s decision to disqualify the petitioner’s technical bid can be quashed by a writ of certiorari
- Whether the petitioner is entitled to mandamus directing declaration of its bid as responsive
- Whether the clause requiring an experience certificate in the NIT is contrary to government policy
- Whether the writ petition remains maintainable after the award has been made and an agreement executed
Subjects
- Technical Bid Evaluation
- Writ of Certiorari
- Mandamus
- Public Procurement
- Infructuous
- Bid Disqualification
- Government Contracts
- High Court
- Petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15453 of 2025
======================================================
New Hope AAS Consultants Pvt. Ltd. having its registered office at Flat No.-
101, Sai Narayan Apartment, Opposite Piler No.-59, Khagaul Rupaspur Road,
Hardaspura, Khagaul, Patna, Bihar-801503. Represented through its Director
Nigam Bhardwaj (Male), S/o Ramkeshari Prasad Singh, aged about 51 years,
resident of Flat No.-101, Sai Narayan Apartment, Opposite Piler No.-59,
Khagaul Rupaspur Road, Hardaspura, Khagaul, Dist.-Patna, Bihar-801503.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Principal Secretary, Planning and Development Department,
Government of Bihar, Patna.
3. Chief Engineer, Planning and Development Department, Government of
Bihar, Vishweswaraiya Bhawan, Bailey Road, Patna.
4. The Superintending Engineer, Local Area Engineering Organization, Work
Circle-Gaya.
5. The Executive Engineer, Local Area Engineering Organization, Work
Division-1 Nawada.
6. Technical Bid Evaluation Committee through its Chairman cum
Superintending Engineer, Local Area Engineering Organization, Work
Circle-Gaya.
7. Sanjay Kumar, father name not known to the petitioner, resident of Vill and
Post-Siswan, Dist.-Nawada, Bihar.
8. Binod Kumar, S/o Late Ramawatar Singh, resident of -Patalpuri, Sital
Bhawan, New Area, P.S.-Nawada, Dist.-Nawada, Bihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Dhananjay Kumar, Advocate
For the State : Mr. Advocate General
For the Respondent Nos. 7 & 8 : Mr. Pranoy Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
6 23-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
Patna High Court CWJC No.15453 of 2025(6) dt.23-02-2026
2/4
2. The following reliefs have been sought for by the
petitioner in the present writ application:
“1(i) That an appropriate writ/s, order/s,
direction/s in the nature of Certiorari be
issued to quash the decisions of the
Technical Bid Evaluation Committee
contained in Memo No. 124 dated
31/01/2025 (Annexure-P/9) whereby and
whereunder, technical bid of the petitioner
has been declared disqualified.
(ii) That, an appropriate writ/s, order/s,
direction/s in the nature of Certiorari to
quash the subsequent decision of the
Technical Bid Evaluation Committee
contained in Memo No. 1087, dated
29/05/2025, as also Memo No. 1149 dated
04/06/2025 (Annexure-P/11 series), whereby
an objection filed by the petitioner has been
rejected by the Technical Bid Evaluation
Committee and affirmed its earlier decision
of disqualifying the petitioner from Technical
Bid and decided to open Financial Bid.
(iii) That, an appropriate writ/s, order/s,
direction/s in the nature of Certiorari to
quash the decision of financial bid of Group-
19 under NIT-03/2024, which has been
opened by the respondents after decision of
the Technical Bid Evaluation Committee
dated 04/06/2025.
Patna High Court CWJC No.15453 of 2025(6) dt.23-02-2026
3/4
(iv) That an appropriate writ/s, order/s,
direction/s in the nature of Mandamus;
directing respondent authorities to declare
the petitioner’s bid as responsive,
considering the facts placed before the
respondent authorities, by the petitioner;
through his representation dated 08/01/2025
(Annexure-P/8 series), as well the
objection/complaint dated 09/02/2025.
(v) That for proper declaration that, clause
21(xiii) of the Notice Inviting Tender
(hereinafter referred as NIT) speaks about
the experience certificate, which is contrary
to the policy decision of the Works
Department of the Government, in order to
facilitate the newly registered contractor,
enabling them to participate in tender
amounting to rupees upto 50 lakhs, without
any experience certificate and for that a
guidelines have been issued.
(vi) That an appropriate writ/s, order/s,
direction/s in the nature of Mandamus;
directing respondent authorities, more
particularly to respondent no. 2, to make a
detailed enquiry by an independent agency
on the issue raised by the petitioner, with
regard to select the only two responsive
technical bids, to manage the tenders
conveniently and even complaint against
those bidders, the decision of the committee
Patna High Court CWJC No.15453 of 2025(6) dt.23-02-2026
4/4
is completely silent over the issue.
(vii) That any other relief/s for that
petitioner is found entitled in law be granted
to him.”
3. The agreement dated 02.01.2026 shall be marked
as ‘X’ and made part of the record.
4. Learned counsel for the respondents-State
submits that the LOA has already been issued in favour of
respondent no. 8 on 12.07.2025 and, pursuant thereto, an
agreement has been executed on 02.01.2026.
5. Considering the fact that the agreement has
already been executed, the present writ application stands
dismissed as having become infructuous.
6. The petitioner shall be at liberty to avail such
other legal remedies as may be available to him.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
U.K./-
U
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