Patna High Court
New Hope AAS Consultants Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The writ petition was held to be infructuous because the contract had already been awarded and the agreement executed, leading to its dismissal.
Summary
New Hope AAS Consultants Pvt. Ltd. filed a writ petition challenging the disqualification of its technical bid by the Technical Bid Evaluation Committee and seeking mandamus to declare its bid responsive. The petitioner also contested the subsequent opening of the financial bid and alleged that clause 31(xiii) of the NIT was contrary to government policy on experience certificates. The State of Bihar contended that a Letter of Acceptance had already been issued to another contractor and that an agreement had been executed on 02‑02‑2026. The Court examined whether the writ reliefs were maintainable in view of the completed award of the contract. Finding that the work order and agreement were already executed, the Court held the petition to be infructuous and dismissed it, directing the petitioner to pursue any other available remedies.
Issues considered
- Whether the decisions of the Technical Bid Evaluation Committee disqualifying the petitioner can be quashed by certiorari.
- Whether mandamus can be issued directing the authorities to declare the petitioner’s bid as responsive.
- Whether clause 31(xiii) of the NIT is inconsistent with the government’s policy on experience certificates for new contractors.
- Whether the writ petition remains maintainable after the award of the contract and execution of the agreement.
Subjects
- Writ Petition
- Certiorari
- Mandamus
- Technical Bid Evaluation
- Public Procurement
- Infructuous Petition
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15800 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, P.S.-Khagaul, Dist-Patna,
Bihar-801503.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Principal Secretary, Planning and Develoment 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. Navin Kumar, Son of Braj Nandan Prasad, resident of Near Sikshak Sangh,
New Area, Post and P.S. and Dist.-Nawada, Bihar.
8. Ramanuj Kumar, S/o Lal Narayan Singh, resident of New Area, Patalpuri,
P.S.-Nawada Sadar, Dist.-Nawada, Bihar.
9. Maa Annapurni Construction Pvt. Ltd. having its office at Flat No.-101,
Block-C, Opposite-Reliance Infocon, Khelari Heritage, Danapur, Patna
801503, represented through its Director Rajnikant Kumar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the State : Mr. Amish Kumar, AC to AG
For respondents 7&8 : Mr. Pranay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Patna High Court CWJC No.15800 of 2025(5) dt.13-03-2026
2/4
5 13-03-2026 Heard learned counsel for the parties.
2. The present writ application has been preferred by
the petitioner seeking for the following relief(s) :
"(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.-646 dated
11/03/2025 (Annexure-P/9) whereby and
where under, 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.-1393, dated
25/07/2025, (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-1, under NIT-03/2024, which
has been opened by the respondents after
decision of the Technical Bid Evaluation
Committee dated 25/07/2025.
(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
Patna High Court CWJC No.15800 of 2025(5) dt.13-03-2026
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objection/complaint made after the decision
of the Technical Bid Evaluation Committee
dated 11/03/2025.
(v) That for proper declaration
that, clause 31 (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."
3. The agreement/ work order 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. 9 on 19.08.2025 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
Patna High Court CWJC No.15800 of 2025(5) dt.13-03-2026
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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)
(Sunil Dutta Mishra, J)
Rajesh/-
U
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