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Patna High Court

Om Prakash SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, because the original tender was withdrawn and a new tender issued, the writ petition is moot and no relief can be granted.

Summary

Om Prakash Singh, the lowest bidder for the construction of a Panchayat Sarkar Bhawan in Mokra Gram Panchayat, filed a writ petition seeking a work order and the quashing of a memo alleging a forged experience certificate. The respondents, representing the State of Bihar and its engineering department, informed the court that the original tender (NIT No.03/SBD/2024-25) had been withdrawn and a fresh tender (NIT No.07 (SBD) LAEO KAM/(CIR-PAT)/2024-25) issued for the same work. The court examined the record and found that the subject tender no longer existed, rendering the petition moot. Consequently, the court held that no further order was necessary. The writ application was therefore disposed of, with any pending applications also to be disposed.

Issues considered

  • Whether the petitioner is entitled to a work order for the Panchayat Sarkar Bhawan construction after being declared the lowest bidder.
  • Whether the memo alleging a forged experience certificate can be quashed.
  • Whether the court can grant relief when the original tender has been withdrawn and a fresh tender issued.

Subjects

  • public procurement
  • tender withdrawal
  • writ petition
  • construction contract
  • government engineering department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5318 of 2025
                 ======================================================
                 Om Prakash Singh Son of Shitala Prasad Singh, Resident of Bahuan, P.O-
                 Khaira Bahuan, P.S.- Bhabhua, District- Kaimur at Bhabhua.
                                                                            ... ... Petitioner
                                                   Versus
           1.     The State of Bihar through the Principal Secretary, Planning and
                  Development Department, Patna.
           2.    The Chief Engineer, Local Area Engineering Organisation, Planning and
                 Development Department, Vishwesariya Bhawan, Bailey Road, Patna.
           3.     The Executive Engineer, Local Area Engineering Organisation, Planning and
                  Development Department, Work Division, Kaimur at Bhabhua.
                                                                         ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :         Mr. Sunil Kumar Singh, Advocate
                 For the Respondents   :         Mrs. Vagisha Pragya Vacaknavi, AC to SC-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                         (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

6   24-04-2026                 Heard learned counsel for the parties.

                               2. In the present writ petition, the petitioner seeks the

                   following relief(s):-

                                           "(i) For commanding the Respondents to issue
                                           work order to petitioner for construction of
                                           Panchayat Sarkar Bhawan in Mokra Gram
                                           Panchayat of Bhagwanpur block of Kaimur as in
                                           financial bid the petitioner has been declared
                                           lowest (L1).
                                           (ii) For quashing the letter contained in Memo
                                           No.964 dated 21.2.2025 issued by the Chief
                                           Engineer, Local Area Engineering Organisation,
                                           Patna whereby and whereunder show cause has
                                           been asked from petitioner that experience
                                           certificate is forged.
            Patna High Court CWJC No.5318 of 2025(6) dt.24-04-2026
                                                        2/2




                                              (iii) For grant any other reliefs for which
                                              petitioner is found entitled in the facts and
                                              circumstances of the case."
                                  3. Learned counsel for the respondents submits that

                      during the pendency of the present writ application, the tender

                      in question has been withdrawn and a fresh tender has already

                      been floated for the same work.

                                  4. Upon perusal of the materials available on record, it

                      is apparent that the NIT No.03/SBD/2024-25 has already been

                      withdrawn by the respondent authorities, and a fresh NIT, i.e.,

                      NIT No.07 (SBD) LAEO KAM/(CIR-PAT)/2024-25 has been

                      issued for the same project.

                                  5. In view of the aforesaid, this Court is of the view

                      that no further order is required to be passed in the present writ

                      application.

                                  6. Accordingly, the present writ application stands

                      disposed of.

                                  7. Pending application(s), if any, shall also stand

                      disposed of.


                                                               (Sudhir Singh, J.)


                                                              (Shailendra Singh, J.)

Gaurav Kumar/-

U


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