Patna High Court
Gyanendra Pratap SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed as the grievance is a private litigation and the petitioner lacks locus standi, rendering the public interest litigation untenable.
Summary
The petitioner, Gyanendra Pratap Singh, filed a public interest writ petition challenging the award of a tender by the Bihar State Food & Civil Supply Corporation to respondent No.9, alleging that the award was based on a misleading affidavit and violated the terms of the notice inviting tender. He sought a writ of certiorari to set aside the tender, an independent inquiry into the tendering process, and directions to follow the NIT terms, invoking Article 21 of the Constitution. The Court examined whether the petitioner had the requisite locus standi and whether the matter was a genuine public interest litigation. It held that the grievance was essentially a private dispute, the petitioner was neither a tenderer nor directly affected, and therefore the PIL was not maintainable. Consequently, the petition was dismissed as not maintainable.
Issues considered
- Whether the writ petition filed by the petitioner qualifies as a public interest litigation.
- Whether the petitioner has locus standi to challenge the tender award.
- Whether the tender award can be set aside on the ground of a misleading affidavit.
Subjects
- public interest litigation
- locus standi
- tender award
- certiorari
- food grain transportation
- Article 21
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2932 of 2026
======================================================
Gyanendra Pratap Singh Son of Kameshwar Singh, Resident of Village-
Narendrapur, P.S.- Aandar, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar, District- Patna.
2. The Principal Secretary, Deptt. of Food and Consumer Protection, Govt. of
Bihar, District- Patna.
3. The Managing Director, Bihar State Food and Civil Supply Corporation Ltd.
4. The District Magistrate cum Chairman, District Transport Committee,
Siwan.
5. The Deputy Development Commissioner cum Vice Chairman, District
Transport Committee, Siwan.
6. The Senior Additional Collector cum Member, District Transport
Committee, Siwan.
7. The District Transport Officer cum Member, District Transport Committee,
Siwan.
8. The District Manager cum Member Secretary, District Transport Committee,
Siwan.
9. Anand Abhishek Singh, Son of Prakash Singh, Resident of Village-
Ramdauli, P.O.- Bidupur, P.S.- Bidupur, District- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate
For the Respondent/s : Mr. Additional Advocate General (4)
For the BSFC : Mr. Niraj Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 02-04-2026 This writ petition in the nature of public interest
litigation has been filed seeking following reliefs :-
(i.) To issue a writ of certiorari setting
Patna High Court CWJC No.2932 of 2026(2) dt.02-04-2026
2/3
aside the tender awarded to
Respondent No.-09 (vide memo no-
1290 dated 23-07-2024 contained in
annexure-5), who participated with
others in the Bihar State Food & Civil
Supply Corporation Limited
(BSFCSC) tendering process, Siwan,
published vide tender no- 439 dated
17-02-2024, for selection and
Empanelment of Transportation cum
Handling Contractor for main
transportation of Food Grains,
Respondent No-9 was declared
successful in the tendering process,
despite submitting a wrong and
misleading affidavit, which violates
the terms specified in the notice
inviting tender (NIT).
(ii.) To set up an independent inquiry
into the unfair/ arbitrary tendering
process in respect of transportation of
food grains that ultimately affects the
fundamental right to life of the needy
citizens, guaranteed under Article 21
of the Constitution of India.
(iii.) To direct the tendering
authorities to follow the specified
terms of the NIT.
(iv.) To other relief/reliefs whether the
petitioner may be found entitled in
facts and circumstances of the case.
2. After going through the nature of prayer made in
the writ petition, we are of the view that the grievance raised by
the petitioner smacks of private litigation and he was neither the
Patna High Court CWJC No.2932 of 2026(2) dt.02-04-2026
3/3
tenderer nor anyhow affected. However, still he has any
grievance, he may agitate the matter before the appropriate
forum, but the public interest litigation is not maintainable.
3. Accordingly the writ petition stands disposed off.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U
Checking your session…