Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
2/6
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
3/6
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
4/6
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
Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026
5/6
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
Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026
6/6
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
Checking your session…