Patna High Court
M/s. A.M. InfratechversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court directed that the department consider and dispose of the petitioner's representation within ten days and refrain from taking any final decision on the NIT until then, thereby disposing of the writ petition.
Summary
M/s A.M. Infratech filed a writ petition challenging the Bihar Road Construction Department's decision to re‑appraise and disqualify its technical bid for NIT No. RCD/BTH/06/2025‑26 without addressing its show‑cause notice. The petitioner sought directions to open its financial bid, to quash the re‑appraisal memo, and to stay any opening of the financial bid pending the writ. The court noted that the petitioner had filed a representation with the Secretary of the department and directed that representation be considered and disposed of within ten days, giving a hearing to all stakeholders. It further ordered that no final decision on the NIT be taken until the representation is dealt with. Consequently, the writ application was disposed of with the above directions.
Issues considered
- What is the effect of a departmental re‑appraisal and disqualification of a technical bid without a hearing on the petitioner's rights?
- Whether the financial bid of the petitioner can be opened before the pending representation is considered.
- Whether the department's actions violate principles of natural justice and statutory procurement procedures.
Subjects
- writ jurisdiction
- public procurement
- technical bid evaluation
- natural justice
- tender re‑appraisal
- Bihar Road Construction Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2506 of 2026
======================================================
M/s. A.M. Infratech, Ward No. 07, Murligarhi, Renukoot, Turra Pipari,
Sonbhadra, P.S. Renukoot, District- Sonbhadra, Uttar Pradesh-231221
through its Power of Attorney Holder namely Vijay Vats, aged about 31 years,
Male, son of Ranjit Kumar, Resident of village- Bakhtiyarpur, Kalyanpur, P.S.
Chak Mehsi, District- Samastipur, Bihar.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Road Construction
Department, Government of Bihar, Patna.
2. The Secretary, Road Construction Department, Bihar, Patna.
3. The Engineer-in-Chief-cum-Additional Commissioner-Special Secretary
(Works Management), Road Construction Department, Bihar, Patna.
4. The Chief Engineer, North, Road Construction Department, Bihar, Patna.
5. The Superintending Engineer, Bettiah Road Circle, Bettiah.
6. The Executive Engineer, Road Construction Department, Road Division,
Bettiah.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate
For the Respondents : Mr. Advocate General
======================================================
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 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs have been sought for by the
petitioner in the present writ application:
“1 (i) For issuance of an appropriate writ/s,
Patna High Court CWJC No.2506 of 2026(2) dt.18-02-2026
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order/s, direction/s to the respondents to
open the financial bid of the petitioner with
regard to NIT No. RCD/BTH/06/2025-26
which was issued for construction of
widening and strengthening work of Bagha
Semra Road from Ch. 0.00 to 14.00 (Total
Length 14.00 K.M.) including 1 Nos.
(2x16m) H.L. Bridge under Road Division,
Bettiah for the year 2025-26 in which the
petitioner was declared successful in
technical bid as per decision of technical bid
evaluation committee dated 27.09.2025
contained in Memo No. 3142.
(ii) For issuance of an appropriate writ/s,
order/s, direction/s to the respondents for
quashing Memo No. 513(E) dated
21.01.2026 whereby and whereunder the
Departmental Tender Committee has re-
appraised the technical bid evaluation held
on 27.09.2025 disqualified the petitioner on
the complaint M/S. Ujjain Engicon India
Private Limited without looking into and
dealing with show cause filed by the
petitioner, and further direction not to
disqualify the petitioner in re-evaluation of
technical bid on the complaint filed by
another contractor namely M/S. Ujjain
Engicon India Private Limited dated
29.09.2025.
(iii) For issuance of an appropriate writ/s,
Patna High Court CWJC No.2506 of 2026(2) dt.18-02-2026
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order/s, direction/s to the respondents not to
open financial bid of NIT No.
RCD/BTH/06/2025-26 during pendency of
the writ petition and if the financial bid
would be opened, the work order and/or
agreement may not be executed in favour of
the L-1 since the petitioner is having lowest
rate quoted in the document for this Bid.”
3. Learned counsel for the petitioner submits that the
petitioner has filed a representation before respondent no. 2,
namely the Secretary, Road Construction Department, Bihar,
Patna, vide Annexure-P/7 dated 23.01.2026, seeking redressal of
his grievance.
4. Considering the aforesaid submission, respondent
no. 2, namely the Secretary, Road Construction Department,
Government of Bihar, Patna, is directed to consider and dispose
of the said representation by passing an appropriate order in
accordance with law, after giving due opportunity of hearing to
all the stakeholders, within a period of ten days from the date of
receipt/production of a copy of this order.
5. It is directed that no final decision shall be taken in
respect of the NIT in question until the petitioner’s
representation is considered and disposed of.
Patna High Court CWJC No.2506 of 2026(2) dt.18-02-2026
4/4
6. With the aforesaid observation and direction, the
present writ application stands disposed of.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
U.K./-
U
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