Patna High Court
M/s Aryan EnterprisesversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is held to be infructuous and is therefore disposed.
Summary
M/s Aryan Enterprises filed a civil writ petition challenging actions of the State of Bihar and related authorities, including a competing contractor, M/s Balaji Infra. During the pendency of the petition, the respondent contractor (Balaji Infra) obtained a work order under NIT No. 16/2024-25 and the work was nearly complete. The respondent argued that the issuance of this work order rendered the petition infructuous. The Court accepted this submission, finding that the relief sought could no longer be granted. Consequently, the writ petition was disposed of as infructuous, and any pending interlocutory applications were also dismissed.
Issues considered
- Whether the writ petition filed by Aryan Enterprises becomes infructuous due to the issuance of a work order to the competing contractor, Balaji Infra?
Subjects
- civil writ
- infructuous petition
- urban development
- public procurement
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20811 of 2025
======================================================
M/s Aryan Enterprises through its Proprietor namely Manu Kumar Mishra,
male aged about 35 years S/o Narsingh Mishra having its registered office at
Malahi, Near Durga Mandir Malahi, East Champaran, Bihar (845425).
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Urban Development Housing
Department, Government of Bihar, Patna.
2. The Secretary, Urban Development Housing Department, Government of
Bihar, Patna.
3. The Motihari Municipal Corporation, through its Municipal Commissioner,
Motihari, East Champaran.
4. The Chief Engineer, North (Sub-Division), Urban Development Housing
Department, Government of Bihar, Patna.
5. The Superintending Engineer, Urban Development, Tirhut Division,
Muzaffarpur.
6. The Executive Engineer, Urban Development Division, Motihari.
7. The Assistant Engineer, Urban Development Division, Motihari.
8. M/s Balaji Infra, through its Proprietor, Binita Jaiswal having its registered
office- C/o o Vivek Kumar, Henry Bazar, Nakched Tola, Ward No.-04,
Motihari- East Champaran, Bihar 845401.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilanjan Chatterjee, Advocate
For the Respondent/s : Mr. Saroj Kumar Sharma, AC to AAG-3
For the Resp. No. 8 : Mr. Awnish Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 06-07-2026 Learned counsel for the Respondent No. 8 submits
that during the pendency of the present writ petition, the work
order pursuant to NIT No. 16/2024-25 has already been issued
in favour of Respondent No. 8 and that the work is almost
Patna High Court CWJC No.20811 of 2025(2) dt.06-07-2026
2/2
complete. It is, therefore, contended that the present writ
petition has become infructuous.
2. In view of the aforesaid submission, the present
writ petition is disposed of as having become infructuous.
3. Pending interlocutory application(s), if any, shall
also stand disposed of.
(Sudhir Singh, J)
(Ranjan Kumar Jha, J)
Sujit/-
U
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