Patna High Court
Rai Raj Construction Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petition cannot be granted and ordered that the Executive Engineer’s report be considered by the competent authority before any decision on the tender is taken.
Summary
The petitioner, Rai Raj Construction Pvt. Ltd., filed a writ petition challenging the Departmental Tender Committee’s decision to reject its technical bid and cancel the tender for a road project, seeking quashing of the decision, re‑tendering, and opening of its financial bid. The petitioner relied on a report from the Executive Engineer indicating its existing commitment and argued that the committee’s action violated Clause 4.8 of the Instructions to Bidders. The respondents contended that the tender process complied with the Public Works Department Code. The Court observed that the petitioner had made only limited submissions and held that the report dated 10‑April‑2026 should be placed before the competent authority before any final order is taken. Accordingly, the Court disposed of the writ petition, directing that the report be considered, without granting the reliefs sought.
Issues considered
- Whether the Departmental Tender Committee’s rejection of the petitioner’s technical bid under Clause 4.8 of the Instructions to Bidders is legally valid
- Whether the cancellation of the tender and order for re‑tendering comply with Rule 163 of the Public Works Department Code
- Whether the petitioner is entitled to have its financial bid opened and evaluated
Legislation cited
- Public Works Department Code — s. Rule 163
Subjects
- tender
- public works
- writ petition
- technical bid
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4768 of 2026
======================================================
Rai Raj Construction Pvt. Ltd. having its Corporate Office at 601, 6th Floor,
Lav Kush Tower, Exhibition Road, P.S. Gandhi Maidan, District Patna
through its Director Baidya Nath Rai, aged about 53 years, Male, Son of
Mahendra Rai, Resident of Flat No. 410, Ashiyana Plaza, Budha Marg, P.S.
Kotwali, District Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Road
Construction Department, Government of Bihar, Patna.
2. The Engineer in Chief-Cum-Additional Commissioner cum Special
Secretary (Works Management), Road Construction Department,
Government of Bihar, Patna.
3. The Chief Engineer (North) Road Construction Department, Government of
Bihar, Patna.
4. The Executive Engineer, Road Construction Department, Road Division,
Rosera, District- Samastipur, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan,Adv.
For the Respondent/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 29-06-2026 The present writ petition has been filed seeking the
following reliefs:-
“(i) Quashing of the decision of the Departmental
Tender Committee as contained in Memo No. 872 (E) dated
05.02.2026(Annexure P/9) by which, it has been decided to: -
a. Reject the technical bid of the petitioner in terms of
Clause 4.8 of the Instructions to Bidders (ITB) to the
Standard Bidding Document (SBD);
b. Partially modify the earlier decision of the
Departmental Tender Committee as contained in Memo
No. 2940 dated 11.09.2025 to the aforesaid extent;and
c. Cancel the tender process arising out of Notice
Patna High Court CWJC No.4768 of 2026(3) dt.29-06-2026
2/3
Inviting Tender No. RCD/Rosera/04/2025-26dated
29.07.2025 and proceed for re-tender in terms of Rule
163 of the Public Works Department Code.
(ii) Commanding upon the Respondent to open and
evaluate the financial bid of the petitioner and other
consequential action(s) in terms of Part-E of the Instruction to
Bidders;
(iii) Quashing of the consequential Notice Inviting
Tender No. RCD/Rosera/07/2025-26 dated
07.02.2026(Annexure P/10) which has been issued in
connection with the same work; and
(iv) Restraining the Respondents from proceeding
further by giving effect to the decision of the Departmental
Tender Committee as contained in Memo No. 872 (E) dated
05.02.2026 and the fresh. Notice Inviting Tender No.
RCD/Rosera/07/2025-26 dated 07.02.2026 during the
pendency of the present writ application and/or the without
the leave of this Hon'ble Court.”
2. At the outset, the learned counsel for the petitioner
submits that the Executive Engineer, Road Construction
Department, Road Division, Begusarai vide letter dated
10.04.2026, written to the Chief Engineer, North, Road
Construction Department, Bihar, Patna has submitted a report
pertaining to the existing commitment of the petitioner as has
been mentioned therein, hence it is prayed that the same may be
considered by the Departmental Tender Committee before
passing any final order.
3. Having regard to the limited submission made by
the learned counsel for the petitioner, we deem it fit and proper
to dispose of the present petition with an observation that the
Patna High Court CWJC No.4768 of 2026(3) dt.29-06-2026
3/3
report submitted by the Executive Engineer Road Construction
Department, Road Division, Begusarai vide letter dated
10.04.2026 may be considered by the competent authority
before taking any decision with regard to the petitioner, if not
already taken.
(Mohit Kumar Shah, J)
( Raj Kumar, J)
kanchan/-
U
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