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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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