Patna High Court
Chhotiya Construction Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The withdrawal of the NIT was within the authority’s reserved right under Clause 34 and therefore not arbitrary, leading to dismissal of the writ petition.
Summary
Chhotiya Construction Pvt. Ltd. filed a writ petition challenging the Tender Committee’s decision to reject its technical bid and later withdraw the Notice Inviting Re‑Tender (NIT) for a minor irrigation project. The petitioner sought certiorari, mandamus and other reliefs to compel the respondents to evaluate its bid and to stay the withdrawal of the NIT. The respondents withdrew the NIT citing Clause 34 of the tender document, which reserves the authority to recall or withdraw the tender. The Court examined the wording of Clause 34 and held that the power to withdraw the tender was expressly reserved and its exercise was not arbitrary. Consequently, the Court found no merit in the petition and disposed of the writ application without further orders.
Issues considered
- Whether the Tender Committee’s withdrawal of the NIT under Clause 34 is justified and non‑arbitrary
- Whether the petitioner is entitled to writs of certiorari or mandamus to compel evaluation of its technical bid
Subjects
- tender withdrawal
- public procurement
- arbitrariness
- certiorari
- mandamus
- NIT
- Clause 34
- administrative discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18603 of 2025
======================================================
Chhotiya Construction Pvt. Ltd. having its registered office at East Gandhi
Maidan, P.O.- Gandhi Maidan, Jehanabad, District- Jehanabad, Bihar through
its Managing Director, Ashok Kumar, aged about 63 years, S/o- Raj Nandan
Sharma, East Gandhi Maidan, P.O.- Gandhi Maidan, Jehanabad, District-
Jehanabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Minor Water Resources Department, Government of Bihar,
Patna.
3. The Chief Engineer, Minor Water Resources Department, Government of
Bihar at Patna.
4. The Superintendent Engineer- cum- Technical Secretary, Minor Water
Resources Department, Patna.
5. The Superintendent Engineer, Minor Irrigation Department Division, Gayaji.
6. The Executive Engineer, Minor Irrigation Division, Gayaji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Md. Nadim Seraj, Advocate
Mr. Sourav Suman, Advocate
Ms. Pragati Patra, Advocate
Mr. Pranav Raj, Advocate
For the Respondent/s : Mr. Government Pleader (5)
Mr. Gyanendra Kumar, AC to GP-5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 05-02-2026 The present writ application has been filed for the
following reliefs:
“i. To issue appropriate writ(s)/ order(s)/
direction(s) in the nature of certiorari for quashing
the decision of the Tender Committee dated
06.09.2025, whereby the Technical Bid of the
Patna High Court CWJC No.18603 of 2025(3) dt.05-02-2026
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petitioner in respect of Notice Inviting Re-Tender
No. SBD-4/2025-26 under the Minor Irrigation
Department has been arbitrary and illegally
rejected (Annexure-P/3).
ii. Issue a writ in the nature of
Mandamus directing the Respondents to evaluate
the technical bid of the Petitioner in accordance
with the tender conditions and consider the
Petitioner for further participation in the tender
process;
iii. To issue appropriate writ(s)/
order(s)/ direction(s) in the nature of mandamus to
consider the representation of the petitioner dated
09.09.2025 (Annexure-P/4).
iv. To issue appropriate writ(s)/
order(s)direction(s) in the nature of Mandamus for
a mandatory injunction commanding the concerned
respondents to forthwith withdraw, rescind and/or
cancel or put a stay until the disposal of the
representation submitted by the petitioner.
v. Pending final disposal of this writ
petition, this Hon’ble Court may be pleased to
direct the Respondents not to finalize the tender
process under NIT No. SBD-4/2025-26 or issue
work order to any other bidder (Annexure-P/2).
vi. And for issuance of any other relief or
relief(s) for which the petitioner is entitled for.”
2. During the pendency of the present case, the
petitioner was permitted to participate in the tender process vide
order dated 17.10.2025. Subsequently, the Notice Inviting
Patna High Court CWJC No.18603 of 2025(3) dt.05-02-2026
3/4
Tender (NIT) itself was withdrawn by the Tender Committee
vide decision dated 05.12.2025, on the following grounds:
“U;k; fu.kZ; esa foyEc gksus dh laHkkouk gS
pwafd dk;Zdkjh ekSle izkjaHk gksus okyh gSa] ;kstuk dks bl
dk;Zdkjh ekSle esa iw.kZ fd;s tkus dk y{; gSA fufonk
esa ;g Hkh mYys[kuh; gS fd rduhdh “khV esa foxr ikap
o’kksZa dh fooj.kh lgh vafdr ugha fd;k x;k gSA mi;qZDr ls
Li’V gS fd lHkh laosndksa dks lkeku volj izkIr ugha
gqvkA”
3. The sole question that arises for consideration
before this Court is whether the aforesaid action on the part of
the respondents in withdrawing the NIT is justified or not. The
said question stands answered upon a plain reading of Clause 34
of the NIT, which reads as follows:
“ 34. fcuk dkj.k crk;s ,oa fcuk iwoZ lwpuk
ds iwjh fufonk vFkok blds fdlh [kkl va”k dks fdlh Hkh
Lrj ij jí djus ,oa foLrkfjr rFkk fjLVksj djus dk
vf/kdkj v|ksgLrk{kjh@l{ke inkf/kdkjh dks lqjf{kr
gksxkA”
4. From perusal of the aforesaid clause, it is evident
that the authority concerned had expressly reserved the right to
recall/withdraw the tender. The exercise of such power by the
Tender Committee, therefore, cannot be said to be arbitrary. The
withdrawal of the earlier NIT is thus in consonance with the
Patna High Court CWJC No.18603 of 2025(3) dt.05-02-2026
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conditions governing the tender itself.
5. Having regard to the facts and circumstances of the
case, this Court finds that no further orders are required to be
passed in the present writ application. Accordingly, the same
stands disposed of.
6. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Anushka/-
U
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