Patna High Court
Santosh KumarversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The court directed the Head of Project, NTPC Kahalgaon to consider the petitioners' representations and pass an appropriate order within six weeks, thereby disposing of the writ application.
Summary
Four petitioners filed a writ application seeking a direction that NTPC Kahalgaon consider their tender application (NIT/EOI No. Khs/092/CnM/EOI/2025/1025) and stay the issuance of the same during the pendency of the writ. They alleged that their grievances were not addressed by the Head of Project, NTPC Kahalgaon. The court examined whether it could intervene in the tendering process and order a stay. It held that the appropriate remedy was to direct the Head of Project to consider the representations and pass an order after hearing all stakeholders within six weeks. Consequently, the writ application was disposed of, with the order to the respondent to act accordingly.
Issues considered
- Whether the High Court can direct the respondent to consider the petitioners' tender application and stay the issuance of the NIT/EOI pending the writ.
- Whether the petitioners are entitled to a stay of the tendering process under the writ jurisdiction.
Subjects
- writ jurisdiction
- tender
- public procurement
- stay order
- administrative law
- NTPC
- Union of India
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3369 of 2026
======================================================
1. Santosh Kumar son of Rambali Mandal, resident of Maheshamunda, Post-
Maheshamunda, P.S.- Kahalgaon, District- Bhagalpur, Bihar- 813231.
2. Avinash Kumar, Son of Bamdeo Pathak, resident of Lagma, District-
Bhagalpur, Bihar-813222.
3. Ajit Arun Pandey, Son of Ramanand Pandey, resident of Ward No. 1,
Paithanpura, Kahalgaon, Colong, Post-Kahalgaon, District- Bhagalpur,
Bihar - 813203.
4. Basuki Nath Yadav, Son of Guneshwer Yadav, resident of village- Chhopal
Tola, Post-Lalpur Bhader, P.S.- Kahalgaon, District -Bhagalpur, Bihar -
813203.
... ... Petitioner/s
Versus
1. The Union of India through the Deputy Secretary, Ministry of Power, Shram
Shakti Bhawan, Rafi Marg, New Delhi- 100001.
2. The Chairman and Managing Director, NTPC Limited, NTPC Bhawan,
SCOPE Complex, 7, Institutional Area, Lodi Road, New Delhi- 110003.
3. The Chief Vigilance Officer, NTPC Limited, NTPC Bhawan, SCOPE
Complex, 7, Institutional Area, Lodi Road, New Delhi- 110003.
4. The Assistant General Manager, Human Resources, at NTPC Kahalgaon,
Post and P.S. - Kahalgaon, District-Bhagalpur, Bihar- 813214.
5. The Deputy General Manager, Contracts and Materials, at NTPC Kahalgaon,
Post and P.S. - Kahalgaon, District-Bhagalpur, Bihar- 813214.
6. The Head of Project at NTPC Kahalgaon, Post and P.S. - Kahalgaon,
District-Bhagalpur, Bihar- 813214.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Adv.
Mr. Priyajeet Pandey, Adv.
Ms. Megha, Adv.
Mr. Kaustubh Kumar, Adv.
For the UOI : Dr. K.N. Singh, ASG
Mr. Binod Kumar Paswan, CGC
For the NTPC : Mr. Amaresh Kumar Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 17-03-2026 Heard learned counsel for the petitioners, learned
Patna High Court CWJC No.3369 of 2026(2) dt.17-03-2026
2/3
counsel for the UOI and learned counsel appearing on behalf of
the NTPC.
2. The following reliefs have been sought for by the
petitioners in the present writ applications :-
"(i) For a direction upon the
respondent authorities to consider the tender
application of the present petitioners vide
NIT/EOI Number – Khs/ 092/CnM/
ΕΟΙ/2025/1025 dated 14.11.2025 in lieu of
proceeding dated 18.08.2004 jointly held
between the management committee of NTPC
and NTPC Land displaced and Struggle
management committee Kahalgaon.
(ii) For a further direction upon the
respondent authorities for staying the Notice
Inviting Tender/Expression of Interest during the
pendency of this Writ application (Hereinafter
referred to as NIT/EOI) vide NIT/EOI Number
Khs/092/CnM/EOI/2025/1025 dated 14.11.2025,
whereby and whereunder NTPC Kahalgaon
issued Expression of Interest for deployment of
Bolero/Scorpio at NTPC Kahalgaon.
(iii) For issuance of any other
appropriate writ or direction for which the
petitioners is found entitled to."
3. Learned counsel for the petitioners submits that the
petitioners have filed representations before the Respondent No.
6, namely the Head of Project, NTPC, Kahalgaon, vide
Annexure -P4 series, seeking redressal of their grievances.
4. Considering the aforesaid submissions, respondent
No. 6, the Head of Project, NTPC, Kahalgaon, Bhagalpur, is
directed to consider the representations of the petitioners and
Patna High Court CWJC No.3369 of 2026(2) dt.17-03-2026
3/3
pass an appropriate order in accordance with law, after giving
due opportunity of hearing to all the stakeholders, within a
period of six weeks from the date of receipt/production of a
copy of this order.
5. With the aforesaid observation and direction, the
present writ application stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Shailendra Singh, J)
annu/Rajesh
U
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