Patna High Court
Mahendra Kumar TiwaryversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition was deemed infructuous and was disposed of without granting the relief sought.
Summary
Mahendra Kumar Tiwary filed a writ petition challenging the technical committee of BUIDCo’s decision dated 17‑06‑2025 that rejected his bid and awarded the contract to respondent No.12 despite incomplete supporting documents. He sought to set aside that part of the decision and to have the award cancelled, with a fresh verification of all bidders’ documents. BUIDCo contended that the tender process had already been finalized, the agreement executed, and third‑party rights had vested. The Court held that, in view of these circumstances, the petition had become infructuous and no further relief could be granted. Consequently, the petition was disposed of without any order directing cancellation of the award.
Issues considered
- Whether the technical committee’s decision to reject the petitioner’s bid and award the contract to respondent No.12 can be set aside on grounds of procedural irregularity.
- Whether the award can be cancelled after the execution of the agreement and the accrual of third‑party rights.
Subjects
- writ petition
- tendering
- technical committee
- bid rejection
- third‑party rights
- infructuous
- procurement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16267 of 2025
======================================================
Mahendra Kumar Tiwary S/o Late Ram Sumer Tiwary, R/o Village- Raghukul
Padmalay Sharad Chand Path Mashakchak, P.S. - Jogsar, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Rural Work Department
Govt. of Bihar, Patna.
2. The Principal Secretary, Rural Work Department, Government of Bihar,
Patna.
3. The Managing Director, Bihar Urban Infrastructure Development
Corporation Limited (BUIDCo), Govt. of Bihar, Patna.
4. The Director, Bihar Urban Infrastructure Development Corporation Limited
(BUIDCo), Govt. of Bihar, Patna.
5. The Chief General Manager, South Bihar Area, Bihar Urban Infrastructure
Development Corporation (BUIDCo), Patna.
6. The General Manager, South Bihar Area, Bihar Urban Infrastructure
Development Corporation (BUIDCo), Patna.
7. The Project Director, Bihar Urban Infrastructure Development Corporation
(BUIDCo), Bhagalpur.
8. The Deputy Director, Bihar Urban Infrastructure Development Corporation
(BUIDCo), Bhagalpur.
9. The Municipal Commissioner, Municipal Corporation, Bhagalpur.
10. The Executive Officer, Municipal Corporation, Bhagalpur.
11. Kunal Kumar, S/o Om Prakash Sah, R/o village - Warshaliganj, P.S.-
Babargabj District- Bhagalpur.
12. Brajesh Kumar Sah, S/o Baleshwar Prasad Sah, R/o village- Shailbag
Colony, Aliganj, P.S.- Babarganj, District - Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Murari Mishra, Advocate
For the State : Mr. Standing Counsel (11)
For the BUIDCO : Mr. Rabindra Kumar Priyadarshi, Advocate
For the B.M.C. : Mr. Kumar Abhimanyu Pratap, Advocate
: Ms. Sushali, Advocate
: Ms. Sakshi Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Patna High Court CWJC No.16267 of 2025(2) dt.28-01-2026
2/3
2 28-01-2026 Heard learned counsels for the parties.
2. The present writ petition has been filed for the
following reliefs:-
"I. For setting aside that part of the
decision of the technical committee of
Bihar Urban Infrastructure
Development Corporation Limited
(hereinafter called as BUIDCo) dated
17.6.2025 by which the bid of the
petitioner has been rejected in
mechanical manner and respondent
no.12 has been selected ignoring the
fact that his supporting document was
incomplete.
II. For direction to the respondent
concerned to cancel the intended bid of
the respondent no.12 and after
cancellation, verify the documents of
all the bidders carefully and give
tender to one of the eligible person for
the said work."
3. Mr. Rabindra Kumar Priyadarshi, learned counsel
for the respondent–BUIDCO, on instructions received from the
Manager (Legal), BUIDCO, submits that the tender process has
already been finalised in favour of respondent no.12 and that the
agreement pursuant thereto has also been executed. It is further
submitted that, as a consequence thereof, third party rights have
already accrued.
Patna High Court CWJC No.16267 of 2025(2) dt.28-01-2026
3/3
4. In view of the submissions advanced on behalf of
the BUIDCO, we are of the considered view that no further
order is required to be passed in the present writ petition, as the
matter has become infructuous.
5. Accordingly, the writ petition stands disposed of.
6. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
( Ritesh Kumar, J)
Ajay/Rajesh
U
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