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Patna High Court

Shreyas Anima- JV (Joint Venture)versusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition was dismissed as infructuous because the Letter of Acceptance had already been issued, leaving no live issue for the Court to adjudicate.

Summary

Shreyas Anima JV filed a writ petition challenging the Departmental Tender Committee’s rejection of its technical bid, alleging that the decision was made without any reasons and was arbitrary. The petition sought quashing of the memo rejecting its representation, setting aside the decision that deemed its technical bid non‑responsive, and a mandamus directing the opening of its financial bid. The State argued that a Letter of Acceptance had already been issued to another bidder, rendering the petition merely academic. The High Court observed that, since the LOA was already granted, the matter no longer presented a live controversy. Consequently, the Court dismissed the writ petition as infructuous, noting that no further relief could be granted.

Issues considered

  • Whether the Tender Committee’s rejection of the technical bid without stating reasons is illegal or arbitrary.
  • Whether the writ petition remains maintainable after the Letter of Acceptance has been issued to another bidder.
  • Whether a mandamus can be issued to direct the opening of the petitioner’s financial bid.

Subjects

  • tender
  • technical bid
  • non‑responsive bid
  • certiorari
  • mandamus
  • administrative law
  • procurement
  • academic issue

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19650 of 2025
                 ======================================================
                 Shreyas Anima- JV (Joint Venture) through its Authorized Representative
                 Vikash Kumar, aged about 36 years, S/o Yugal Kishor Prasad, residing at 4th
                 Floor, Shailani Complex, Bailey Road, Near HDFC Bank RPS More Danapur,
                 Patna- 801503 comprising Shreyas Infratech Private Limited represented
                 through its Director Vikas Kumar, aged about 36 yeras, S/o Yugal Kishor
                 Prasad, residing at 4th Floor, Shailani Complex, Bailey Road, Near HDFC
                 Bank RPS More, Danapur, Patna- 801503, Bihar and Anima Construction
                 Private Limited represented through its Director Manoj Kumar, aged about 51
                 years, S/o Ram Prit Singh, residing at Road No.- 4A, Magistrate Colony, P.S.-
                 Rajeev Nagar, District- Patna, Pin- 800025, Bihar.

                                                                              ... ... Petitioner
                                                  Versus
           1.    The State of Bihar through Secretary, Minor Irrigation Department, Vikash
                 Bhawan, Patna- 800001.
           2.    Secretary, Minor Irrigation Department, Vikash Bhawan, Patna- 800001.
           3.    Engineer-in-Chief, Minor Irrigation Department, Jal Bhawan, Airport Road,
                 Sheikhpura, Patna- 800001.
           4.    Executive Engineer, Minor Irrigation Division, Jamui, Bihar- 811307.
           5.    Chief Engineer, Minor Irrigation Department, Bhagalpur, Bihar- 812001.
           6.    The Departmental Tender Committee, headed by the Secretary, Minor
                 Irrigation Department, Vikash Bhawan, Patna- 800001.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanjeev Ranjan, Advocate
                 For the Respondent/s   :      Mr. Amish Kumar, AC to AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                           and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                           (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   23-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. Following reliefs are sought for in the present

                    application:

                                        “(i) For issuance of appropriate writ order
Patna High Court CWJC No.19650 of 2025(4) dt.23-02-2026
                                           2/3




                                or direction in nature of certiorari to quash
                                the communication as contained in Memo
                                No.      1338/PATNA           dated     17.10.2025
                                whereby the Tender Committee headed by
                                Respondent        No.     2   has     rejected   the
                                representation submitted by the Petitioner
                                against the decision declaring his tender
                                document by the Departmental Tender
                                Committee as non-responsive at the stage
                                of technical bid, and the order of rejection
                                has been passed without assigning any
                                reason whatsoever with reference to any
                                material, therefore the impugned action is
                                wholly illegal, arbitrary, and unsustainable
                                in the eye of law.
                                (ii) For issuance of appropriate writ order
                                or direction in nature of certiorari to quash
                                the decision of Tender Committee dated
                                08.09.2025 as communicated vide letter
                                No. 3274 dated 08.09.2025 whereby the
                                technical bid of the Petitioner has been
                                held to be non-responsive on the ground
                                that the affidavit filed was not sworn before
                                the Executive Magistrate, secondly the
                                partner of the Joint Venture did not possess
                                past experience of similar nature of work to
                                the extent of 25 percent of the estimated
                                value of contract in rupees and lastly the
                                protection work did not meet the combined
                                quantity as per the requirement which
             Patna High Court CWJC No.19650 of 2025(4) dt.23-02-2026
                                                        3/3




                                             decision of the Tender Committee           is
                                             arbitrary, illegal and unsustainable.
                                             (iii) For a writ of mandamus that on setting
                                             aside the decision of the Departmental
                                             Tender Committee, the financial bid of the
                                             petitioner may be directed to be opened.
                                             (iv) For any other relief / reliefs to which
                                             the petitioner is found entitled in the facts
                                             and circumstances of the case.”


                                    3. Learned counsel for the State submits that the

                        LOA has already been issued to one Nitesh Kumar Singh vide

                        Annexure-R6/A dated 03.12.2025.

                                    4. Considering the fact that the LOA has already

                        been issued and the present matter survives only as an

                        academic issue, we find no reason to pass any further order in

                        the present writ application and is accordingly dismissed as

                        having become infructuous.

                                    5. Pending application(s), if any, shall also stand

                        disposed of.



                                                                 (Sudhir Singh, J)


                                                          ( Rajesh Kumar Verma, J)
Ibrar//-
U        T


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