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Patna High Court

Kumar Narendra NayakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was disposed by directing the petitioner to approach the Managing Director with a representation, without quashing the NIT or granting mandamus.

Summary

Petitioner Kumar Narendra Nayak 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 for empanelment of a transport‑handling contractor, alleging that the NIT contravenes 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 accordance with the policy, and a stay of the tender process. The High Court examined the limited grievance and, instead of entertaining the writ applications, directed the petitioner to file a representation with the Managing Director of the corporation. The Court ordered that the representation, if filed, be decided with a reasoned order within fifteen days, affording a hearing to all stakeholders. Consequently, the petition was disposed without granting any of the reliefs sought.

Issues considered

  • Whether the NIT issued by the District Manager is in violation of the Transport Policy 2025 and therefore liable to be quashed.
  • Whether the court can issue a writ of mandamus directing the corporation to prepare and issue a new NIT in conformity with the policy.
  • Whether a stay of the tendering process is warranted pending resolution of the grievance.

Subjects

  • writ of certiorari
  • writ of mandamus
  • Notice Inviting Tender
  • Transport Policy 2025
  • public procurement
  • food grain transportation
  • administrative law
  • Bihar State Food and Civil Supplies Corporation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2446 of 2026
                 ======================================================
                 Kumar Narendra Nayak, aged about 33 years, male, son of Subodh Kumar
                 Singh, resident of Kali Ghat Road, Near Bidi Factory, Gola Ghat, P.S. - Sarai,
                 District - Bhagalpur

                                                                               ... ... Petitioner
                                                      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

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :        Mr. Saket Tiwary, Advocate
                 For the BSFC          :        Mr. Shailendra Kumar Singh, Advocate
                                                Mr. Utkarsha Utpal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                          (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   18-02-2026                  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
Patna High Court CWJC No.2446 of 2026(2) dt.18-02-2026
                                            2/3




                                  Transportation of Food Grains for the district of
                                  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. 4 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/3’ 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
            Patna High Court CWJC No.2446 of 2026(2) dt.18-02-2026
                                                        3/3




                      no.2 shall consider and dispose of the same by passing a

                      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.)

Gaurav Kumar,
Ibrar/-

U


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