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 and agreement have already been executed.
Summary
New Hope AAS Consultants Pvt. Ltd. filed a writ petition challenging the disqualification of its technical bid by the Technical Bid Evaluation Committee (TBEC) under NIT‑03/2024 and seeking certiorari and mandamus to declare its bid responsive. The petitioner alleged procedural irregularities and contended that clause 21(xiii) of the notice was contrary to government policy allowing new contractors to bid without experience certificates. The State of Bihar contended that a Letter of Award had already been issued to respondent No. 8 on 12‑07‑2025 and an agreement executed on 02‑02‑2026, rendering the petition moot. The High Court held that, because the award and agreement were already in force, the writ petition had become infructuous. Consequently, the Court dismissed the petition, directing the petitioner to pursue any other available legal remedies.
Issues considered
- Whether the writ petition challenging the TBEC’s disqualification of the technical bid is maintainable after the award has been executed.
- Whether the court can grant certiorari or mandamus to set aside the TBEC’s decisions in a tender that has already been concluded.
Subjects
- technical bid evaluation
- certiorari
- mandamus
- public procurement
- writ jurisdiction
- infructuous petition
- contract award
- government tender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15768 of 2025
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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, P.S.- 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, 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. Ramanuj Kumar, Father's name Sri Lal Narayan Singh, Resident of
Patalpuri, Mohalla- New Area, P.S.- Nawada, Dist- Nawada, Bihar.
8. Archana Devi, husband Name- Ramanuj Kumar, Resident of Patalpuri,
Mohalla- 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)
5 23-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
Patna High Court CWJC No.15768 of 2025(5) 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. 575 dated
07/03/2025 (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. 1147, dated
04/06/2025, (Annexure-P/11), 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-
11 under NIT-03/2024, which has been
opened by the respondent after decision of
the Technical Bid Evaluation Committee
dated 04/06/2025.
(iv) That an appropriate writ/s, order/s,
Patna High Court CWJC No.15768 of 2025(5) dt.23-02-2026
3/4
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
is completely silent over the issue, as the
Patna High Court CWJC No.15768 of 2025(5) dt.23-02-2026
4/4
decision dated 07/03/2025 (Annexure-P/9) of
the Technical Bid Evaluation Committee is
completely silent..
(vii) That any other relief/s for that
petitioner is found entitled in law be granted
to him.”
3. The agreement dated 02.02.2026 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 02.02.2026.
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)
U.K./- (Rajesh Kumar Verma, J)
U
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