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
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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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