Patna High Court
Raj Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court declined to grant the writs and disposed of the petition, directing the petitioner to approach the Managing Director for a representation to be decided within fifteen days.
Summary
Petitioner Raj Kumar Sah challenged the issuance of Notice Inviting Tender (NIT) No. 185/Main‑BGP dated 29‑01‑2026 by the District Manager of the Bihar State Food and Civil Supplies Corporation, alleging that it violated the Transport Policy 2025. He sought a writ of certiorari to quash the NIT, a writ of mandamus directing issuance of a new NIT in conformity with the policy, and a stay of the tender process. The Court examined the limited grievance that the NIT was inconsistent with the 2025 policy. Instead of entertaining the writ applications, the Court directed the petitioner to file a representation with the Managing Director of the Corporation, who must consider and dispose of it within fifteen days, affording a hearing to stakeholders. The petition was consequently disposed of, with liberty granted to approach the Managing Director.
Issues considered
- Whether the NIT issued by the District Manager contravenes the Transport Policy 2025.
- Whether a writ of certiorari can be issued to quash the NIT.
- Whether a writ of mandamus can be directed to compel issuance of a new NIT in accordance with the policy.
Subjects
- writ of certiorari
- writ of mandamus
- Notice Inviting Tender
- Transport Policy 2025
- public procurement
- administrative law
- stay of proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2445 of 2026
======================================================
Raj Kumar Sah son of Moti Prasad Sah, resident of 16, Lila Teli Lane,
Aliganj, Kutubganj, P.S. -Babarganj, District - Bhagalpur .
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, District -Bhagalpur
2. The Managing Director, Bihar State Food and Civil Supplies Corporation
Limited, Khadya Bhawan, Daroga Prasad Rai Path, Patna
3. The Deputy General Manger (Transport), Bihar State Food and Civil
Supplies Corporation Limited, Khadya Bhawan, Daroga Prasad Rai Path,
Patna
4. The District Transport Committee, District Bhagalpur through the District
Magistrate, Bhagalpur.
5. The District Manager, Bihar State Food and Civil Supplies Corporation
Limited, District - Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amritya Raj
For the Respondent/s : Mr.Addl. Advocate General 4
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 20-02-2026 In the present petition, the petitioner has prayed for
the following relief(s):-
“(i) For issuance of writ of certiorari to quash
the NIT being NIT No 185/Main-BGP dated
29.01.2026 issued by the Respondent No 5,
District Manager, Bihar State Food and Civil
Supplies Corporation Limited, Bhagalpur
inviting tender for selection and empanelment of
Transport cum Handling Contractor for main
Transportation of Food Grains for the district of
Patna High Court CWJC No.2445 of 2026(3) dt.20-02-2026
2/3
Bhagalpur.
(ii) For issuance of writ of mandamus directing
the respondents to prepare and issue NIT/RFP
as per the Transport policy 2025 and not to
issue NIT for selection of transport contractors
based upon the repealed transport policy.
(iii) Till the pendency of this application stay the
process of impugned tender for the district of
Bhagalpur for selection of transport contractor
initiated by the respondents.
(iv) For any other relief for which the petitioner
is entitled to in the facts and circumstances of
the case.”
2. A limited grievance is raised by the petitioner that
the Notice Inviting Tender (NIT) issued by Respondent No. 5 is
in contravention of the Transport Policy, 2025, framed by the
Bihar State Food and Civil Supplies Corporation Limited, which
has been brought on record as ‘Annexure P/1’ to the present
petition.
3. Considering the issue so raised, the petitioner is
granted liberty to approach respondent No. 2, namely, the
Managing Director, Bihar State Food and Civil Supplies
Corporation Limited, by filing an appropriate representation in
accordance with law.
4. In the event such representation is filed, respondent
No. 2 shall consider and dispose of the same by passing a
Patna High Court CWJC No.2445 of 2026(3) dt.20-02-2026
3/3
reasoned and speaking order, in accordance with law, affording
due opportunity of hearing to all the concerned stakeholders,
within a period of fifteen (15) days from the date of filing of
such representation.
5. Accordingly, the present application stands
disposed of with the aforesaid liberty.
6. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Anushka/-
U
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