Patna High Court
Shivshankar Kaushik Infrastructure Private Limited through Shashi Kapur @ Shashi Kapoor PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the petitioner should be allowed to file a representation before the competent authority and the writ application stands disposed without substantive relief.
Summary
The petitioner, Shivshankar Kaushik Infrastructure Private Limited, filed a writ seeking quashing of a Technical Bid Tender Committee decision (Memo No.344 dated 30.03.2026) that ordered a re‑tender of N.I.T. No. RRSMP‑08/2025‑26 and directed that the contract be awarded to it as the lowest bidder. The petition also requested a restraining order against the respondents from implementing the memo and other reliefs. The court considered whether the committee’s decision could be set aside by a writ and whether it could direct award of the contract. The bench held that the proper remedy was to permit the petitioner to file a representation before the competent authority, which must decide the matter in accordance with law. Accordingly, the writ application was disposed of without granting any substantive relief, and any pending applications were also ordered disposed.
Issues considered
- Whether the decision of the Technical Bid Tender Committee to re‑tender can be quashed by a writ.
- Whether the court can direct that the contract be awarded to the petitioner as the lowest bidder.
- Whether a restraining order against the respondents can be granted pending the writ.
- Whether the petitioner may be allowed to file a representation before the competent authority as a remedy.
Subjects
- tender
- re‑tender
- technical bid committee
- writ jurisdiction
- contract award
- representation
- quashing order
- public procurement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5452 of 2026
======================================================
Shivshankar Kaushik Infrastructure Private Limited through Shashi Kapur @
Shashi Kapoor Prasad S/o Raj Kumar Prasad, Director, Registered Office- C/o
Manoj Kumar Singh, Kshatriya Colony, Ramnagar Andar Dhala, Siwan,
Bihar 841226. Resident of village- Tari, P.S.- Raghunathpur, District- Siwan.
... ... Petitioner
Versus
1. The State of Bihar through Engineer-in-Chief-cum-Additional
Commissioner-cum-Special Secretary, Rural Works Department, Bihar, 5th
Floor, Visvesvaraya Bhawan, Nehru Path, Patna- 15.
2. The Engineer-in-Chief-cum-Additional Commissioner-cum-Secretary to
Special Secretary (Technical), Rural Works Department, Govt. of Bihar, 5th
Floor, Visvesvaraya Bhawan, Nehru Path, Patna- 15.
3. The Chief Engineer-5, Rural Works Department, Muzaffarpur.
4. The Superintending Engineer, Work Circle, Siwan, Rural Works
Department, District- Siwan.
5. The Nodal Officer, MMGSUY, Rural Works Department, Bihar, 5th Floor,
Visvesvaraya Bhawan, Nehru Path, Patna- 15.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Shekhar Singh, Sr. Advocate with
Mr. Satyendra Rai, Advocate
Ms. Shambhavi Singh, Advocate
For the Respondents : Mr. Standing Counsel-25
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 10-04-2026 Following is the relief sought for in the present writ
application:-
"(a) For quashing of the decision of Technical Bid
Tender Committee contained in Memo No.344 dated
30.03.2026 (Ann. 5) related to N.I.T. No.- Re-tender
No.-RRSMP 08/2025-26 to extent whereby it has
been decided to go for re-tender.
(b) For a direction to the concerned authority to
conclude the process of N.I.T. No.-Re-tender No.-
RRSMP-08/2025-26 (Package No.- RRSMP/25-26
Patna High Court CWJC No.5452 of 2026(2) dt.10-04-2026
2/2
SIWAN -1/06 and award contract to the petitioner
who is lowest bidder in the fact and circumstances
of the case.
(c) For a direction to restrain the respondents from
giving effect to decision contained in Memo No.344
dated 30.03.2026 during pendency of the present
writ application and/or without the leave of this
Hon'ble Court.
(d) For any other relief/reliefs for which the
petitioner is entitled to and your lordship may deem
fit and proper in the interest of justice."
2. Mr. Shekhar Singh, learned counsel for the
petitioner seeks permission to submit a representation before the
competent authority for redressal of his grievance.
3. Permission is accorded.
4. In case such a representation is filed, the competent
authority shall consider and dispose of the same in accordance
with law.
5. With the aforesaid observation, the present writ
application stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Shailendra Singh, J.)
Gaurav Kumar,
Shidharth/-
U
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