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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