Patna High Court
Chaitanya Vihar Vikash ManchversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is infructuous because the challenged NIT has been cancelled and a fresh NIT issued, and therefore it is dismissed.
Summary
The petitioners, a registered society and its secretary, sought a writ to quash a Notice Inviting Tenders (NIT) dated 26‑12‑2025 for outsourcing generator services in government health facilities of Supaul district and to continue supplying the services at the 2015 rate. They also requested that the respondents be directed to allow them to continue the supply on the old rate. The State of Bihar, through its Government Advocate, informed the court that the challenged NIT had already been cancelled and a fresh NIT had been issued. The court held that, in view of the cancellation and re‑issuance, the petition had become infructuous. Consequently, the court disposed of the petition without entertaining the merits of the reliefs sought. The petitioners were advised that they could challenge the fresh NIT if aggrieved.
Issues considered
- Whether a petition to quash a Notice Inviting Tenders is maintainable when the NIT has already been cancelled and a new NIT issued
- Whether the petition becomes infructuous and must be dismissed on that ground
Subjects
- Notice Inviting Tender
- procurement
- public health
- generator services
- writ jurisdiction
- quashing
- infructuous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4339 of 2026
======================================================
1. Chaitanya Vihar Vikash Manch a registered Society being Reg.
No.1400/2007-08, Dev Nandan Sadan, Village-Mahnar Tara Chauri, Ward
No.13, P.O. and P.S.-Mahnar, District-Vaishali-844506 through its Secretary,
Dilip Kumar Singh, aged about 51 years, male, S/o late Mahendra Prasad
Singh, village-Mahnar Tara Chauri Ward, No.13, P.O. and P.S.-Mahnar,
District-Vaishali-844506.
2. Dilip Kumar Singh, S/o late Mahendra Prasad Singh, Village-Mahnar Tara
Chauri Ward, No.13, P.O. and P.S.-Mahnar, District-Vaishali-844506.
... ... Petitioners
Versus
1. The State of Bihar through Additional Chief Secretary, Health Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Health Department, Government of Bihar,
Patna.
3. The Bihar State Health Society through its secretary, Government of Bihar,
Patna.
4. The Chief Executive Officer, Health Department, Government of Bihar,
Patna.
5. The Executive Director, Health Department, Government of Bihar, Patna.
6. The Regional Deputy Director, Health Services, Koshi Division, Saharsa.
7. The District Health Society, (General Administration Division), Supaul
through Civil Surgeon-cum-Member Secretary.
8. The District Magistrate-cum-Chairman District Health Society, Supaul.
9. The Civil Surgeon-cum-Chief Medical Officer, Supaul.
10. The Civil Surgeon-cum-Member Secretary, District Health Society, Supaul.
11. The District Programme Manager, District Health Society, Supaul.
... ... Respondents
======================================================
Appearance :
For the Petitioners : Mr. Binod Kumar Singh, Advocate
Mrs. Vagisha Pragya Vacaknavi, Advocate
For the State : Mr. Raghwanand, GA-11
Mr. Pratik Kumar, AC to GA-11
For the BHS : Dr. Anand Kumar, Advocate
Ms. Vijeta Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 30-03-2026 In the present petition, the petitioners have prayed for
Patna High Court CWJC No.4339 of 2026(2) dt.30-03-2026
2/2
the following relief(s):-
"(a) For quashing Notice Inviting Tenders (NIT)
issued on 26.12.2025 issued for the purpose of
outsourcing for alternate power backup (Generator
services) in Government Healthcare facilities in
Supaul district in the State of Bihar.
(b) To command the respondents to allow the
petitioner to continue to supply alternative power
backup (generator services) at the places the
petitioners are supplying since 2015 on the old rate
as fixed in the year 2015;
(c) For any other relief or reliefs to which the
petitioners are found entitled in law in the facts and
circumstances of the present case."
2. Mr. Raghawanand, learned GA-11 for the State
submits that the Notice Inviting Tenders (NIT) in question has
already been cancelled and a fresh NIT has been floated.
3. In view of the above, the present application has
become infructuous. The petitioner, if so advised, is at liberty to
challenge the fresh NIT, if aggrieved.
4. Accordingly, the present application stands
disposed of.
5. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Shailendra Singh, J.)
Gaurav Kumar/-
U
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