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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ application was dismissed as infructuous because the work had already been ordered and was in progress.

Summary

The petitioner, Sanjay Kumar, challenged the re‑issuance of Tender No. 05/2024‑25 for constructing 82 additional classrooms in Saharsa, alleging that the earlier Tender No. 56/2023‑24, in which he was the lowest bidder, was not lawfully cancelled. He sought a quashing of the new tender and a direction to grant him the work order. The respondents contended that a work order had already been issued, an agreement executed, and the work was in progress. The Court held that, in view of the respondents' submission, the petition had become infructuous. Consequently, the writ application was dismissed as infructuous, and any pending applications were ordered disposed of.

Issues considered

  • What is the appropriate remedy when a tender is re‑notified without formally cancelling the earlier tender for which a bidder was declared lowest?
  • Whether the petition remains maintainable when the work has already commenced under a subsequent work order.

Subjects

  • public procurement
  • tender re‑notification
  • lowest bidder
  • writ jurisdiction
  • infructuous petition
  • work order
  • contract execution

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3036 of 2025
                 ======================================================
                 Sanjay Kumar S/o Ram Chandra Yadav, Resident of Rasalapur Ward No 11,
                 Post - Sonvarsha Raj, P.S. - Sonvarsha Raj, District.- Saharsa, Bihar.



                                                                                       ... ... Petitioner/s
                                                          Versus

           1.    The State of Bihar through Addl. Chief Secretary, Education Department,
                 Government of Bihar.
           2.    Bihar State Educational Infrastructure Development Corporation Ltd. Bihar,
                 Patna through its Managing Director.
           3.    The Chief Engineer, Bihar State Educational Infrastructure Development
                 Corporation Ltd., Bihar, Patna.
           4.    The Superintendent Engineer, Bihar State Educational Infrastructure
                 Development Corporation Ltd., Bihar, Patna.
           5.    The     Executive      Engineer,       Bihar     State    Educational     Infrastructure
                 Development Corporation Ltd., Bihar, Patna.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s               :           Mr. Sudhanshu Prakash, Advocate
                 For the Respondent Nos. 3,4,5      :           Ms. Anukriti Jaipuriyar, Advocate
                                                                Mr. Rajanikant Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   07-07-2026                    Heard learned counsel for the parties.

                                 2. Following is the relief sought for in the present writ

                   application:-

                                                           “(i) Quashing the new Notice Inviting
Patna High Court CWJC No.3036 of 2025(4) dt.07-07-2026
                                             2/3




                                  Tender No. 05/2024-25 dated 21.08.2024 by the
                                  Respondent No. 2 by which the tender for the
                                  Construction of 82 Nos Additional Class Room in
                                  Saharsa District in total 12 Schools has been re-
                                  notified in an arbitrary and unreasonable manner
                                  without serving of notice cancelling the earlier
                                  Tender No. 56/2023-24 dated 09/01/2024 for which
                                  the petitioner was the lowest bidder in the financial
                                  bid.
                                               (ii) A direction upon the respondents to
                                  grant work order to the petitioner in connection with
                                  Notice Inviting Tender       No. 56/2023-24 dated
                                  09/01/2024 with special reference to Serial No. 08
                                  (Group no. ACR-1057) regarding:-
                                               i. Construction of 82 Nos Additional
                                  Class Room in Saharsa District in total 12 Schools.
                                               For which the tender process has been
                                  finalized and the financial bid has already been
                                  opened declaring the petitioner as the lowest
                                  bidder.”


                      3. Ms. Anukriti Jaipuriyar, learned counsel for the

          respondents submits that for the work in question, a work order

          has already been issued and pursuant thereto, an agreement has

          also been executed. It is further submitted that the work is

          already in progress.

                      4. Considering the aforesaid submission, this Court is

          of the view that the present writ application has become

          infructuous.

                      5. Accordingly, the present application stands
           Patna High Court CWJC No.3036 of 2025(4) dt.07-07-2026
                                                       3/3




                     dismissed as having become infructuous.

                                 6. Pending application(s), if any, shall also stand

                     disposed of.



                                                 (Sudhir Singh, J)


                                             (Ranjan Kumar Jha, J)
Sachin/-

U


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