Patna High Court
VISHNUARADHAYA - RAJIV (JV),versusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The writ petition was dismissed as withdrawn.
Summary
The petitioner, VishnuAradhaya - Rajiv (JV), challenged the cancellation of a tender by the Departmental Tender Committee of the Bihar Minor Water Resources Department, which was effected under Clause 159(40) of the NIT and Rule 159(vi) of the Bihar Public Works Department Code. The petition sought a quashing of the cancellation order and a restraining injunction against the respondents from giving effect to the same. The respondents defended the cancellation as being within the statutory powers conferred by the Code. During the hearing, the petitioner requested permission to withdraw the writ petition. The Court, after hearing counsel, granted the withdrawal and dismissed the petition as withdrawn, without addressing the merits of the cancellation.
Issues considered
- Whether the Departmental Tender Committee validly cancelled the tender under Clause 159(40) of the NIT and Rule 159(vi) of the Bihar Public Works Department Code.
- Whether the petitioner is entitled to a writ of quashing and a restraining order against the respondents.
Subjects
- tender cancellation
- public procurement
- Bihar Public Works Department Code
- writ petition
- quashing order
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16694 of 2025
======================================================
VISHNUARADHAYA - RAJIV (JV), Office address -NH-110 Jehanabad,
Arwal Road, Near Jehanabad College, Jehanabad. 804408, Bihar through its
Partner In-Charge Krishna Kumar, Male, aged about 58 years, Son of
Vindeshwar Sharma, Resident of Village Sesmba, P.S. Sakurabad, District
Jehanabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Minor Water Resources
Department, Government of Bihar, Patna.
2. The Engineer In-Chief, Minor Water Resources Department, Government of
Bihar, Patna.
3. The Chief Engineer, Minor Water Resources Department, Bhagalpur,
District Bhagalpur, Bihar.
4. The Superintending Engineer, Minor Water Resources Department,
Government of Bihar, Patna.
5. The Superintending Engineer, Minor Irrigation Circle, Bhagalpur, District
Bhagalpur, Bihar.
6. The Executive Engineer, Minor Irrigation Division Banka, District Banka,
Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan, Advocate
For the Respondent/s : Mr. Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 10-04-2026 Heard learned counsel for the parties.
2. Following reliefs are prayed for in the present writ
petition:
"(i) Quashing of the decision of the Departmental
Patna High Court CWJC No.16694 of 2025(3) dt.10-04-2026
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Tender Committee dated 20.09.2025 as
communicated vide Letter No. 1220 (HQ) dated
20.09.2025(Annexure P/5), by which after opening of
the financial bid and without assigning any reason,
the tender process has been cancelled by invoking the
provisions of Clause 159 40 of the NIT read with Rule
159 (vi) of the Bihar Pubic Works Department Code;
and
(ii) Restraining the Respondents from giving effect to
decision of the Departmental Tender Committee
dated 20.09.2025 as communicated vide Letter No.
1220 (HQ) dated 20.09.2025 during the pendency of
the present writ application and/or the without the
leave of this Hon'ble Court."
3. After some arguments, learned counsel for the
petitioner seeks permission to withdraw the present writ
petition.
4. Permission, as prayed for, is granted.
5. Accordingly, the present writ petition stands
dismissed as withdrawn.
(Sudhir Singh, J)
( Shailendra Singh, J)
Rajiv/Sujit-
U
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