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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The notice must be strictly in line with Notification No. 300/1982 and the writ petition is disposed.

Summary

The petitioner, Rajesh Kumar, challenged a memo of tender (Memo No. 4601 dated 20/11/2025) for the Sairat Bandobasti of the annual Bounsi Mela, contending that Clause 8 of the notice gave an illegal preference to the Local Registration Co‑operation Committee/Gram Panchayat even when a higher bid was received. He argued that this violated the constitutional principles of equality before the law and natural justice. The Court examined Notification No. 300 dated 10‑03‑1982 issued by the Revenue and Land Reforms Department, which allows local committees priority only if they have no dues and can furnish a security deposit, otherwise the settlement must go to the highest bidder. The Court held that Clause 8 was not in conformity with the 1982 notification and that the respondents cannot invite bidders and later divert the settlement to the committees, as it defeats natural justice and causes loss to the State exchequer. Consequently, the Court directed that future notices must strictly follow the 1982 notification and disposed of the writ petition without granting any relief.

Issues considered

  • Whether Clause 8 of the tender notice violates the principle of equality before law and natural justice.
  • Whether the tender process must be conducted in accordance with Notification No. 300 dated 10‑03‑1982.
  • Whether the memo of tender can be quashed on the ground of procedural irregularity.

Subjects

  • tender
  • equality before law
  • natural justice
  • land reforms
  • public procurement
  • Bihar
  • Bounsi Mela
  • local committee preference

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19991 of 2025
                 ======================================================
                 Rajesh Kumar S/o-Naresh Mandal, Resident of village- Gajjar, P.S. Bounsi,
                 District- Banka.

                                                                         ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary Revenue Department, Govt.
                 of Bihar.
           2.    The Additional Secretary Revenue and Land Reforms, Govt. Of Bihar.
           3.    The Commissioner, Bhagalpur, District - Bhagalpur.
           4.    The District Magistrate, Banka, District- Banka.
           5.    The Additional Collector, Banka, District- Banka
           6.    The Circle Officer, Bounsi, District- Banka.
           7.    The District Co-Operative Officer, Banka.
           8.    The Block Co-Operative Extension Officer, Banka.
           9.    Mandar Madhushudhan Bahudhandi Swawlambi Sahkari Samiti Ltd.
                 Bounsi, District- Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Md Shahbaz Yusuf, Adv.
                                                 Mr. Sonu Kumar, Adv.
                 For the Respondent/s   :        Mr. Sudama Kumar, AC to SC-12
                 For resp. no. 9        :        Mr. Dhirendra Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   31-03-2026                    Heard the parties.

                                 2. The present application has been preferred for the

                   following relief(s):

                                                       (i) for setting aside / quashing the
                                            memo of tender Related to Sairat Bandobasti
                                            vide Memo No. 4601, Dated 20/11/2025
                                            issued by the Respondent No. 5.
                                                       (ii). for issuance of a writ in the
                                            nature     of   mandamus     or      any   other
Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026
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                                 appropriate writ / writs, order / orders,
                                 direction         /   directions   commanding   the
                                 respondents to not held auction either this
                                 year or for the next year of the said tender
                                 until and unless Equality Before the Law or
                                 the Equal Protection of Laws is obeyed by
                                 deleting/omitting the inappropriate/illegal
                                 condition no. 8 of giving priority to Local
                                 Registration Co-operation Committee Gram
                                 Panchayat in an Open bid Tender even a
                                 higher bid is given by the individual bidder.
                                              (iii). Any other appropriate relief
                                 or reliefs may be granted in favour of the
                                 petitioner as your lordship may deem fit and
                                 proper.
                      3. The matter relates to the Annual Bounsi Mela

          which is being held during the ‘Sankranti’ period for which a

          general notice was issued under the signature of the Collector,

          Banka dated 19.11.2025 for its settlement for the financial year

          2025-26. One of the clause of the said notice (column 8) read as

          follows:

                          “8. LFkkuh; fuca/ku lg;ksx lfefr xzke iapk;r ;fn lqjf{kr
                          tek ij cUnkscLrh ysuk pkgsa rks mUgsa izkFkfedrk nh tk;sxhA
                          blds fy, mUgsa l{ke inkf/kdkjh ds vuq”kalk ,oa lacaf/kr
                          inkf/kdkjh ls cdk;k ugha jgus laca/kh izek.k&i= ds lkFk Mkd
                          esa Hkkx ysuk gksxkA ”
                      4. The petitioner who wanted to put in his bid was
Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026
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          aggrieved that even if he is declared as a highest bidder, if the

          local management Committee wants the settlement on the base

          price (in the present case, Rs. 29,52,050/-), the Committee will

          have the first preference.

                      5. The submission is that in that background, the

          entire exercise of notice/ bidding/ declaration as highest bidder

          will come to an end if the management committee finally

          decides that it will be taking the settlement on base price.

                      6. The writ petition was earlier taken up by a Co-

          ordinate Bench on 11.12.2025 and while directing the

          respondents to file affidavit, they were directed not to finalize

          the tenders related to settlement till the next date of hearing.

                      7. The counter affidavit has come and learned State

          Counsel has taken this Court to Annexure- R/B to the counter

          affidavit filed on behalf of the respondent nos. 4 to 6 to show

          that the said Clause- 8 is in line with the notification no. 300

          dated 10.03.1982.

                      8. This Court would like to incorporate the aforesaid

          notification no. 300 dated 10.03.1982 issued by the Revenue

          and Land Reforms Department, Bihar, Patna and read as

          follows:

                          “          i= la0 141 ls0&02&0&,82&300 jk0
                                                fcgkj ljdkj
Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026
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                                          jktLo ,oa Hkwfe lq/kkj foHkkxA

                          izs’kd]
                                      Jh jke o`{k cSBk
                                      ljdkj ds la;qDr lfpoA

                          lsok esa]
                                    lHkh ftyk inkf/kdkjhA
                                                     iVuk&15] fnukad 15@10-3-82
                          fo’k;%& gkV] cktkj ,oa esyk dh cUnkscLrh ds laca/k esaA
                          egk”k;]
                                       funs”kkuqlkj mi;qZDr fo’k;d foHkkxh; i=kad 2302
                          fnukad 14-3-1966 ,oa 339 jk0 fnukad 12-3-1980 ds izlax esa
                          eq>s dguk gS fd ljdkj dks lwpuk feyh gS dh mijksDr i= ds
                          vuqns”k dh iw.kZ :is.k ikyu ugha fd;k tk jgk gSA vr% ljdkj
                          us fu.kZ; fy;k gS fd mi;qZDr ifji=ksa esa fn;s x;s vuqns”k ds
                          vkyksd esa gkV] cktkj ,oa esyk dh cankscLrh esa LFkkuh; xzke
                          iapk;r cgq/ka/kh lg;ksx lfefr;ka dks l{ke inkf/kdkjh dh
                          vuq”kalk izkIr gks rFkk muds ftEes dksbZ ljdkjh cdk;k ugha gks
                          rks lqjf{kr tek ij muds lkFk cUnkscLrh esa izkFkfedrk nh
                          tk;A vxj os l{ke u gks rc mudh cUnksoLrh dke Mkd ds
                          ek/;e ls mPpre Mkd drkZ ds lkFk mPpre Mkd cksyh dh
                          jkf”k ij dh tk;A
                                    mi;qZDr vuqns”k dh lwpuk vius v/khuLFk ink/kdkfj;ksa
                          dks bl fgnk;r ds lkFk nsa fd bu vuqns”kksa dk ikyu
                          fuf”pr :i ls fd;k tk;A
                                                                     fo”oklHkktu]
                                                                   g0@& jkeo`{k cSBk
                                                                        15-3-82
                                                                 ljdkj ds la;qDr lfpoA
                                        Kkikad 300 jk0] iVuk 25] fnukad 10-3-82
                          izfrfyfi%& lHkh izeaMyh; vk;qDr@lHkh vij lekgrkZ dks
                          lwpukFkZ ,oa vko”;d dkjZokbZ ds fy;s vxzlkfjrA
                                                                   g0@& jkeo`{k cSBk
                                                                ljdkj ds la;qDr lfpoA”

                      9. A perusal of the notification would show that it

          consist of two statements:

                                         (i) in case of settlement of Hatt Bazar
                          Mela, the local Panchayats/ Committees will be
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                          given preference, if they have no dues and are able
                          to pay the security deposit;
                                      (ii) if they fail to take up the said
                          settlement, in that case, it will be open to be settled
                          with the highest bidder through bid.
                      10. Clearly, this point is missing in the Clause-8 of the

          notice dated 19.11.2025 issued by the Collector, Banka.

                      11. This Court is of the view that if any settlement is

          to be made, the respondents after fixing a base point, can offer

          the settlement to the Committees in line with the Circular dated

          10.03.1982 issued by the Revenue and Land Reforms

          Department, Bihar, Patna if they have no dues and there is

          recommendation. However, if the Committees are unwilling to

          take it up and/or if there are dues against them, in that case, it

          can be settled to the highest bidder. However, the respondents

          cannot play with those eligible bidders by firstly inviting them

          to participate and once they are declared the highest bidder, turn

          around and offer the security amount price to the Committees

          which in turn is to throw the highest bidder out of the

          settlement. This not only violates the principle of natural justice,

          it clearly will result into financial loss to the State exchequer.

                      12. This Court has been informed by the parties that

          due to the order dated 11.12.2025 passed by the Co-ordinate

          Bench, no settlement could take place for the year 2025-26 and
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                     the Mela also has now come to an end. In that background, this

                     Court makes it clear that henceforth, the notice must be strictly

                     in line with the memo no. 300 dated 10.03.1982 issued by the

                     Revenue and Land Reforms Department, Bihar, Patna if it still

                     stands and has not been withdrawn/annulled.

                                 13. With the aforesaid observation, the writ petition is

                     disposed of.

                                 14. Pending I.A.(s), if any, also stands disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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