Patna High Court
Machinery Marketing Associates Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is infructuous and is disposed of.
Summary
Machinery Marketing Associates Pvt. Ltd. and Mukul Malik filed a writ petition challenging the procurement process of the Bihar State Disaster Management Authority. The State argued that the financial bid had already been opened and a work order had been issued to M.K. Traders during the pendency of the petition. The court observed that the grievance raised by the petitioners no longer existed as the matter had been conclusively decided by the work order. Consequently, the court held the petition to be infructuous and ordered its disposal. Any pending applications, if any, were also directed to be disposed of.
Issues considered
- Whether the writ petition remains maintainable when the contested procurement has already been finalized by issuance of a work order
Subjects
- writ jurisdiction
- procurement
- infructuous petition
- work order
- disaster management authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17052 of 2025
======================================================
1. Machinery Marketing Associates Pvt. Ltd. having its registered office at
2E/24, Jhandewalan Extension, Police Station- Paharganj, District- Central
Delhi, New Delhi, PIN- 110055 through its director.
2. Mukul Malik, S/o Shyam Sunder Malik, Resident of 58/9 F/F, Kishangarh,
Near Aruna Asaf Ali Marg, P.S.- Vasant Kunj, District- South West Delhi,
Delhi- 110070.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Bihar State Disaster Management
Authority, Patna.
2. The Secretary, Bihar State Disaster Management Authority, Patna.
3. Vice Chairman, Bihar State Disaster Management Authority, Patna.
4. Special Secretary, Bihar State Disaster Management Authority, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Respondent/s : Mr. Government Advocate 05
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 25-06-2026 Learned counsel appearing on behalf of the State
submits that during pendency of the present writ application, the
financial bid has already been opened, and thereafter, work
order has also been issued in favour of one M/s M.K. Traders.
2. A copy of the aforesaid work order, produced by
learned counsel for the State, is taken on record and marked as
'X'.
3. In view of the aforesaid, this Court is of the view
Patna High Court CWJC No.17052 of 2025(2) dt.25-06-2026
2/2
that the grievance raised in the present writ application no
longer survives for adjudication rendering the present
application infructuous.
4. Accordingly, the present writ application stands
disposed of as having become infructuous.
5. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Ranjan Kumar Jha, J)
Anushka/-
U
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