Patna High Court
Rina SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the order dated 12‑02‑2026 cancelling the Letter of Acceptance is set aside as it exceeds jurisdiction and conflicts with the earlier order.
Summary
The petitioner, Rina Singh, filed a writ petition seeking execution of a tender agreement and the quashing of a later letter (No. 341 dated 12‑02‑2026) that cancelled the earlier Letter of Acceptance. The petitioner alleged that the appellate authority exceeded its jurisdiction by cancelling the acceptance for a different tender. The Court examined the records and found that the cancellation order conflicted with an earlier order dated 12‑12‑2025 and had already been set aside in C.W.J.C. No.425 of 2026. Consequently, the Court set aside the 12‑02‑2026 order and directed the department to re‑examine the matter and pass a fresh order after giving a hearing. Liberty was granted to the department to pass a new order within eight weeks of any reconsideration application. The writ application was thereafter disposed of.
Issues considered
- Whether the appellate authority had jurisdiction to cancel the Letter of Acceptance for Tender ID No. 142157.
- Whether the cancellation order dated 12‑02‑2026 is valid in view of the earlier order dated 12‑12‑2025.
- Whether the petitioner is entitled to a fresh order after due hearing.
Subjects
- writ jurisdiction
- administrative law
- jurisdiction
- tender
- letter of acceptance
- cancellation order
- interlocutory application
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16160 of 2025
======================================================
Rina Singh wife of Sachidanand Singh, resident of village and Post Sonbarsa,
P S Obara, District Aurangabad (Bihar).
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Rural Works
Department, Government of Bihar, Patna.
2. The Engineer in Chief, Rural Works Department, Government of Bihar,
Patna.
3. The Chief Engineer 2, Rural Works Department, Government of Bihar,
Patna.
4. The Superintending Engineer, Rural Works Department, Works Circle,
Gaya, Bihar.
5. The Executive Engineer, Rural Works Department, Works Division, Gaya,
Bihar
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Prabhat Ranjan, Advocate
For the Respondents : Mr. Additional Advocate General (3)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 11-03-2026 Re: I.A. No. 01 of 2026
The pleadings of the interlocutory application shall
form part of the main writ application.
2. Accordingly, I.A. No. 01 of 2026 stands allowed.
Patna High Court CWJC No.16160 of 2025(3) dt.11-03-2026
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Re: C.W.J.C. No. 16160 of 2025
3. The present application has been filed seeking the
following relief:-
“1. That this is an application on behalf
of the petitioner above named seeking issuance of
appropriate writ, rule or direction for commanding
upon the Respondents to execute the Agreement and
issue the Notice for commence the work in terms of
the Letter of Acceptance as contained in Letter No.
9792 dated 18.09.2025 issued by the Executive
Engineer (Respondent No. 5) in connection with
Tender Package No. MMGSY (Awashesh-SC) Gaya-
334 (Tender ID No. 142157) under MMGSY.
1.(ii) Quashing of the Letter No. 341
dated 12.02.2026 by which, the Executive Engineer,
during pendency of the present writ application and
without any jurisdiction and merely on the basis of
oral instructions has cancelled the Letter of
Acceptance as issued in favour of the petitioner vide
earlier Letter No. 2722 dated 18.09.2025;
(iii) Restraining the Respondents from
proceeding further giving effect to the Letter No.
341 dated 12.02.2026 during the pendency of the
present writ application and/or without the leave of
this Hon’ble Court.”
4. Learned counsel for the petitioner has submitted
that Letter No. 341 dated 12.02.2026 has been issued in
pursuance of Letter dated 12.12.2025 issued vide Memo No.
12629. It is further submitted that the appellate authority, vide
order dated 12.12.2025, had dealt with Tender No. 140471,
Patna High Court CWJC No.16160 of 2025(3) dt.11-03-2026
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however, while passing the order it proceeded to cancel the
Letter of Acceptance in connection with Tender No. 142157,
which was not the subject matter before the appellate authority.
It is thus submitted that the appellate authority exceeded its
jurisdiction and the said order needs to be set aside.
5. Upon perusal of record, it transpires that the order
contained in Memo No. 341 dated 12.02.2026 is in teeth of the
order dated 12.12.2025 issued vide Memo No. 12629. It may be
indicated that the said order has already been set aside and the
matter has been remanded back in C.W.J.C. No. 425 of 2026
vide order dated 11.03.2026. In view thereof, the present order
contained in Memo No. 341 dated 12.02.2026 (Annexure-P/12)
is also set aside.
6. However, liberty is granted to the Department to re-
examine the matter and pass a fresh order in accordance with
law, after giving adequate opportunity of hearing to all the
stakeholders, preferably within a period of eight weeks from the
date of filing of any application for reconsideration by the
petitioner.
7. With the aforesaid observation, the present writ
application stands disposed of.
8. Pending application(s), if any, shall also stand
Patna High Court CWJC No.16160 of 2025(3) dt.11-03-2026
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disposed of.
(Sudhir Singh, J)
(Sunil Dutta Mishra, J)
Sachin/-
U
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