Patna High Court
Yashwant Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court granted the petitioner liberty to pursue his representation and disposed of the writ petition without issuing a mandamus to stay the tender process.
Summary
Petitioner Yashwant Kumar Singh filed a writ petition seeking a mandamus directing the respondents to stay the further tender process for a construction contract, alleging that the Executive Engineer and a clerk prevented him from applying and failed to inform him of the tender’s date and time. He also claimed to have filed a representation before the Superintending Engineer. The court examined the petition and, without granting the requested mandamus, allowed the petitioner liberty to pursue his representation before the Superintending Engineer. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing the respondents to stay the tender process.
- Whether the petitioner should be granted liberty to pursue his representation before the Superintending Engineer.
Subjects
- writ of mandamus
- tender process
- public procurement
- administrative law
- representation
- stay order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5540 of 2026
======================================================
Yashwant Kumar Singh S/o-Late Bhuneshwar Singh @ Bhuneshwar Singh,
R/o-Village Basant Vihar Marg No-4, Kolhua, Paighambarpur, P.O. - Kolhua
Paighambarpur, P.S. - Ahiapur, District-Muzaffarpur (Bihar). Pin Code-
843108
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Building Construction Department,
Government of Bihar, Visheshwariya Bhawan, Bailey Road, Patna. Pin
Code-800015.
2. The District Magistrate (D.M), District- Motihari, Collectorate BuiIding,
Motihari, East Champaran (Bihar). Pin Code-845401.
3. The Executive Engineer, Building Construction Department, Building
Division, Motihari, Gandak Colony, Lauthaha, Motihari, District-East
Champaran (Bihar). Pin Code-845401.
4. The Superintending Engineer, Building Construction Department, Building
Circle, Motihari, District East Champaran (Bihar). Pin Code-845401
5. The Chief Engineer (North), Building Construction Department,
Government of Bihar, Vishweshwaraiyya Bhawan, Bailey Road, Patna
(Bihar). Pin Code-800015
6. The Proprietor, Trishul Constructions Private Limited, Anandpuri, West
Boring Canal Road, Patna (Bihar). Pin Code- 800001
7. The Proprietor, Awadh - Mithila Constructions Private Limited, Baruraj,
District- Muzaffarpur (Bihar). Pin Code-843132
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajiv Ranjan Singh, Advocate
For the Respondent/s : Mr. Hitesh Suman, AC to SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 18-04-2026 The present writ petition has been filed by the petitioner
seeking the following relief:-
“1.That this writ application is preferred for
issuance of writ of Mandamus for direction to
Patna High Court CWJC No.5540 of 2026(2) dt.18-04-2026
2/2
the Respondents to stay further the tender
process till a final adjudication of the present
writ application in the interest of justice and
equity and to maintain the Majesty of law in
connection with Tender Notification dated
12/12/2025 vide Tender Number-Short Period E-
retender Invitation Information (S.B.D)-22/2025-
26 invited from the office of the Executive
Engineer, Building Construction Department,
Building Division, Motihari, District- East
Champaran as the present petitioner was
prevented from applying for the above tender by
the Respondent No-03 i.e the Executive
Engineer, Building Construction Department,
Building Division, Motihari, East Champaran as
well as the clerk of the department concerned
who asked the petitioner to apply for the tender
later on and was never informed by the said
Executive Engineer as well as the clerk about the
date and time of applying the tender.”
2. At the outset, the Ld. Counsel for the petitioner submits
that the petitioner has filed representation before the
Superintending Engineer, Building Construction Department,
Building Circle, Motihari, District-East Champaran, hence the
petitioner be granted liberty to pursue the same. Liberty, so
sought, is granted.
3. The writ petition stands disposed of.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
S.Sb/-
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