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Patna High Court

M/s Solanki Engicon Private LimitedversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed and the court directed the respondent to dispose of the pending complaint within fifteen days.

Summary

M/s Solanki Engicon Private Limited filed a writ petition challenging a memo that rejected its technical bid for a MMGSY tender on the ground of alleged discrepancies in its reported annual turnover. The petitioner argued that the difference between figures in its annual return and Form 26AS did not constitute a false representation under Clause 4.7 of the Combined Model Bidding Document and that it satisfied the turnover requirement of Clause 4.4A. It sought quashing of the memo, a mandamus directing consideration of its bid, and a restraining order against opening the financial bids. The court noted that the petitioner had already filed a complaint on 22‑12‑2025 regarding the same matter, which remained pending before the respondent authorities. Consequently, the court directed the respondent to dispose of the pending complaint within fifteen days and disposed of the writ petition without granting the reliefs sought.

Issues considered

  • Whether the memo rejecting the technical bid on the basis of turnover discrepancy amounts to a misrepresentation under Clause 4.7 of the CMBD.
  • Whether the petitioner is entitled to a writ of mandamus directing the authorities to consider its bid.
  • Whether a restraining order should be issued to prevent opening of the financial bids pending resolution of the dispute.

Subjects

  • writ jurisdiction
  • technical bid
  • misrepresentation
  • tender qualification
  • mandamus
  • procurement
  • MMGSY
  • annual turnover
  • quashing memo

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.384 of 2026
                 ======================================================
                 M/s Solanki Engicon Private Limited (a Company incorporated under the
                 Indian Companies Act, 2013) having its Registered office at House No. 11,
                 Vill.- Chhotkipatti, Bagah, Pashchim Champaran, Bihar - 845101 through its
                 Director Mr. Samir Suman, aged about 35 years, S/o Manoj Kumar Rao.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Rural Works Department
                 5th Floor, Vishvshwarya Bhawan, Bailey Road Patna.
           2.    Engineer-in-Chief cum Additional Commissioner cum Special Secretary,
                 Rural Works Department, 5th Floor, Vishvshwarya Bhawan, Bailey Road,
                 Patna.
           3.    Chief Engineer, Rural Works Department, Muzaffarpur.
           4.    Superintendent Engineer, Rural Works Department, Bettiah.
           5.    Executive Engineer, Rural Works Department, Bettiah.
           6.    Nodal Officer, Mukhya Mantri Gram Sampark Yojna, Rural Work
                 Department, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Anurag Saurav, Advocate
                                                Mr. Abhishek Kumar, Avocate
                                                Mr. Ankesh Bibhu, Advocate
                 For the Respondent/s    :      Mr. Government Advocate-02
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   31-01-2026                      The present writ application has been filed for the

                   following reliefs:

                                                a) For Quashing of Memo bearing
                                    Memo no. 3238, Dated 16.12.2025 issued by the
                                    Respondent No. 2 whereby and where-under the
                                    Technical Bid of the Petitioner of Tender issued
                                    under MMGSY by Work Division-Bettiah bearing
                                    Package No. MMGSY (AWSESH-SC)- Betia-825
Patna High Court CWJC No.384 of 2026(2) dt.31-01-2026
                                            2/4




                         has been rejected on the nonest ground that there is
                         difference of Annual Turnover in the Annual Return
                         and 26AS (TDS Certificate) of the petitioner in the
                         Financial Years 2023-24 and 2022-23, whereas the
                         petitioner’s tender has been rejected on the basis of
                         violation of Clause 4.7 of the Combined Model
                         Bidding Document (hereinby referred to as
                         “CMBD”) and the said Clause states about the
                         misleading and false representation in the forms,
                         statements, affidavit and attachments submitted in
                         proof of the qualification requirement and the
                         petitioner had not made any false submission
                         during the declaration of the turnover and the
                         difference in Annual Turn Over reflected in Annual
                         Return and 26AS (TDS Certificate not amount to
                         misrepresentation or false representation.
                                      b) For Issuance of the Writ in nature of
                         Mandamus directing the respondent authorities to
                         consider the petitioner’s Bid, as the petitioner is
                         having the requisite qualification as required in the
                         tender document and having the required annual
                         turnover as demanded in Clause 4.4A of the CMBD
                         and even Turn Over mentioned in Annual Return is
                         higher than the mount in which TDS had been
                         deducted and TDS Certificate i.e 26AS had been
                         issued, will not reduced the Turn Over of the
                         Financial Year declared and tax paid by petitioner
                         before Income Tax Authority.
                                      c)    For    restraining   the   respondent
                         authorities from the Opening of Financial Bid of
                         Tender Package No.- MMGSY (AWSESH-SC)-
                         Betia-825, till the disposal of the present writ
Patna High Court CWJC No.384 of 2026(2) dt.31-01-2026
                                            3/4




                         application, as the petitioner having good ground
                         for consideration and to get qualified in the
                         Technical Bid.
                                      d) For issuance of any other relief or
                         reliefs as Your Lordship may deem fit.


                      2. Under the impugned order dated 16.12.2025 itself,

          liberty was granted to the petitioner to file a complaint in the

          event he was aggrieved by the said order, which is reproduced

          below:
            Patna High Court CWJC No.384 of 2026(2) dt.31-01-2026
                                                        4/4




                                  3. Learned counsel for the petitioner has submitted

                      that a complaint was filed on 22.12.2025, which is pending till

                      date. A copy of the complaint has been produced in course of

                      proceedings and is marked as ‘X’ and shall form part of the

                      record.

                                  4. Considering the fact that the said complaint is still

                      pending before respondent No. 5, respondent No. 5 is directed

                      to dispose of the said complaint within a period of fifteen days

                      from the date of receipt or production of a copy of this order,

                      after granting due opportunity of hearing to all the stakeholders.

                                  5. With the aforesaid observation, the writ application

                      stands disposed of.

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

                      of.



                                                  (Sudhir Singh, J)


                                              (Alok Kumar Pandey, J)
Anushka/-

U


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