Patna High Court
M/s Aadarsh ConstructionversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as infructuous because the work order has already been issued to the respondent and the work is underway.
Summary
M/s Aadarsh Construction filed a civil writ petition challenging the issuance of a work order to M/s Maa Tara Construction by the Rural Works Department, Bihar. The petitioner argued that the work order had already been granted to the respondent contractor and an agreement executed, with the work already underway. The court examined the submissions and found that the petition had become moot because the work order was already in effect. Consequently, the writ petition was held to be infructuous and was disposed of. Any pending applications were also ordered to be disposed.
Issues considered
- Whether the writ petition is maintainable when the work order has already been issued to another contractor and the work is in progress
Subjects
- civil writ jurisdiction
- infructuous petition
- work order
- public procurement
- contract award
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16159 of 2025
======================================================
M/s Aadarsh Construction through its Managing partner Sanjeev Kumar
Singh, Gender Male, Aged about 49 years, Son of Late Surendera Prasad
Singh, Resident of Mohalla - Lakhibagh, Gaurakshini, Manpur, P. S. Muffasil,
District Gaya, Pin 823003 (Bihar)
... ... Petitioner
Versus
1. The State of Bihar through the Secretary, Rural Works Department,
Visheweshraiya Bhawan, Nehru Path, Patna.
2. The Engineer-in-Chief, Rural Works Department, Visheweshraiya Bhawan,
Nehru Path, Patna.
3. The Technical Bid Evaluation Committee, through its Chairman, Rural
Works Department, Visheweshraiya Bhawan, Nehru Path, Patna.
4. The Chief Engineer - 2, Rural Works Department, Bihar, Patna.
5. The Superintending Engineer, Gaya Circle, Rural Works Department, Gaya.
6. The Executive Engineer, Rural Works Department, Works Division, Gaya.
7. M/S Maa Tara Construction, through its partner Swati Singh, W/O- Vikash
Singh, R/o- Village Paroriya, P.S. - Muffasil, District - Gaya, Pin - 823003.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Lal Babu Singh, Advocate
For the State : Mr. S.D. Sanjay, AG
Mr. Rahul Kumar, AC to AG
Mr. Lokesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 02-07-2026 Learned counsel for the petitioner submits that the
work order has already been issued in favour of Respondent No.
7, and pursuant thereto an agreement has also been executed
between the parties. It is further submitted that the work is
already in progress.
Patna High Court CWJC No.16159 of 2025(3) dt.02-07-2026
2/2
2. In view of the aforesaid submissions, the present
writ application stands disposed of as having become
infructuous.
3. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Ranjan Kumar Jha, J.)
Gaurav Kumar,
Atul/-
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