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
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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
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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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