Patna High Court
P. Jyoti and Co.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The cancellation of the tender renders the writ petition infructuous, leading to its dismissal.
Summary
P. Jyoti and Co. Chartered Accountants filed a writ petition seeking the quashing of the interim technical evaluation result of a tender (NIT No. 010451) issued by the Bihar State Food and Civil Supplies Corporation Ltd., an interim stay of further actions, and a re‑assessment of their marks. The State, through a memorandum dated 29‑04‑2026, informed the court that the tender had been annulled by the competent authority for administrative and financial reasons. The court observed that the cancellation of the tender rendered the petition’s reliefs moot. Consequently, the court held that the writ application was infructuous and disposed of it. No substantive merits of the technical evaluation were examined as the underlying tender no longer existed.
Issues considered
- What is the effect of a tender cancellation on pending writ applications seeking relief against the technical evaluation of that tender?
Subjects
- writ jurisdiction
- public procurement
- tender cancellation
- technical evaluation
- interim relief
- administrative law
- QCBS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16213 of 2025
======================================================
P. Jyoti and Co. Charted Accountants, a Partnership firm, having its Regd.
Office at 6/7, 1st Floor, Dukhan Ram Plaza, Exhibition Road, Patna through
one of its Partner, Sri Paramjeet Singh Baghail, Aged about 36 years, Gender
Male, Son of Subodh Singh, Resident of Ratanpur Gidhaur, Jamui, P.S.
Gidhaur, District-Jamui, Bihar-811305.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of Food and
Consumer Protection, Government of Bihar, Patna.
2. Bihar State Food and Civil Supplies Corporation Limited (BSFCSCL)
through its Managing Director, Khadya Bhawan, Road No. 2, Daroga Rai
Path, R Block, Patna-800001.
3. The Managing Director, Bihar State Food and Civil Supplies Corporation
Limited, Khadya Bhawan, Road No. 2, Daroga Rai Path, R Block, Patna
800001.
4. The General Manager (Finance and IFA), Bihar State Food and Civil
Supplies Corporation Limited, Khadya Bhawan, Road No. 2, Daroga Rai
Path, R Block, Patna-800001.
5. M/s Vinod Singhal and Co. LLP, Having its permanent address at 222, 2nd
floor, Ganpati Plaza, M.I. Road, Jaipur - 302001, Rajasthan and its local
office at 2nd Floor, above Suzuki Service Centre, opposite Loyala High
School, I.E. Road, Kurji, Sadakat Ashram, Patna - 800010.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Kumar, Advocate
Mr. Amit Anand, Advocate
Ms. Jaya Sonam, Advocate
Ms. Somya Kumari, Advocate
For the Respondent/s : Mr. Satyabir Bharti, Sr. Advocate
Mr. Gaurav Kumar, Advocate
Mr. Shailendra Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
8 30-04-2026 Heard learned counsel for the parties.
2. Following is the relief sought for in the present writ
application:-
Patna High Court CWJC No.16213 of 2025(8) dt.30-04-2026
2/4
“(i) For issuance of an appropriate writ,
order, or direction for quashing and setting aside the
interim technical evaluation result dated 10.09.2025
pertaining to the technical bids submitted by
bidders/consultant firms in the tender floated vide
NIT No. 010451 (B & C) 2025-26 or Eproc. 2.0
System Tender No. 107720, issued under Letter No.
2454 dated 07.08.2025, whereby the Bihar State
Food and Civil Supplies Corporation Limited
(hereinafter referred to as BSFCSCL), Patna, Bihar-
800001, invited bids from Chartered Accountant
Firms in the prescribed format for selection of
Agencies/Consultants for Accounting, Financial
Management, Taxation, Companies Act and other
financial matters for a tenure of 36 months from the
date of execution of the agreement with the
Respondent BSFCSCL Department;
(ii) For issuance of an appropriate writ,
order, or direction granting an interim stay and
restraining the Respondent authorities from taking
any further steps or actions pursuant to, or in
connection with, the impugned technical evaluation
result published on 10.09.2025 relating to the
technical bids submitted in response to the aforesaid
tender;
(iii) For issuance of an appropriate writ,
order, or direction restraining the Respondent
authorities from selecting any Chartered Accountant
Firm for accounting and taxation-related
assignments in pursuance of the aforesaid technical
evaluation result published on 10.09.2025;
(iv) For issuance of an appropriate writ,
order, or direction commanding the Respondent
authorities to duly consider the objection-cum
representation submitted by the Petitioner vide
Patna High Court CWJC No.16213 of 2025(8) dt.30-04-2026
3/4
Letter No. PJC/1206/2025 dated 11.09.2025 (filed
within 48 hours of publication of the evaluation
result), and to reassess and correct the marks
allotted to the Petitioner Firm strictly in accordance
with the criteria prescribed at internal page no. 6 of
the tender document under eligibility criteria, Sl.
No. (v) of the impugned tender;
(v) For issuance of appropriate writ,
order, or direction granting an interim stay and
restraining the Respondent authority from taking
any further actions/steps pursuant to the tender
floated vide NIT No. 010451 (B & C) 2025-26 or
Eproc. 2.0 System Tender No. 107720, issued under
Letter No. 2454 dated 07.08.2025; AND/OR
(vi) For grant of any other relief's as
this Hon'ble Court may deem fit and proper in the
facts and circumstances of the present case.”
3. Learned counsel for the State submits that vide
Memo No. 4141 dated 29.04.2026, the tender in question itself
has been cancelled. The letter dated 29.04.2026 submitted by
the learned counsel for the respondents be made part of the
record and be marked as ‘X’. The extract of the said letter is
reproduced hereinbelow:-
“Reference is invited to NIT No. PR No.
010451 (B&C) 2025-26 / E-Procurement Tender No.
107720 issued for “Selection of
Agencies/Consultants for Accounting, Financial
Management, Taxation, Companies Act and other
Financial Matters” under Quality-cum Cost Based
Selection (QCBS) mode, whereas the tender process
Patna High Court CWJC No.16213 of 2025(8) dt.30-04-2026
4/4
for Cluster Level Agency 1 (CLA-1) was carried out
in accordance with the prescribed procedures and
the technical as well as financial bids were opened
and recommendations of the Tender Committee (the
Minutes of the Meeting dt 28.04.2026 along with
supporting documents are enclosed herewith), the
Competent Authority, for administrative & financial
reasons and in the interest of the Corporation, has
decided to annul the tender process for CLA-1.
Now, therefore, it is hereby notified that
the tender process for CLA-1 under the aforesaid
NIT stands cancelled with immediate effect.
Further necessary action regarding re-
tendering, if any, shall be taken separately in due
course.”
4. Upon perusal of the aforesaid, it is apparent that the
tender in question itself has been cancelled, rendering the
present writ application infructuous.
5. Accordingly, the present application stands
disposed of as having become infructuous.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Sachin/-
U
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