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Patna High Court

Rakesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of as the petitioner’s grievances were deemed to have been redressed during the interim period.

Summary

Petitioner Rakesh Kumar Singh filed a writ petition challenging the Technical Bid Evaluation Committee's decision that disqualified him from a water supply scheme tender and also challenging the financial bid decision that declared another respondent the lowest bidder. He sought quashing of both decisions, a declaration that the technical disqualification was non-est, and a direction to halt further tender actions. The petitioner’s counsel argued that his grievances had already been resolved during the interim period. The court, after noting this submission, disposed of the writ petition without further order. Consequently, the petition was not entertained and no relief was granted.

Issues considered

  • Whether the Technical Bid Evaluation Committee's disqualification of the petitioner is legally valid and can be quashed.
  • Whether the financial bid decision declaring another respondent as the lowest bidder can be set aside.
  • Whether the writ petition should be dismissed on the ground that the petitioner’s grievances have been redressed.

Subjects

  • tender
  • technical bid
  • financial bid
  • disqualification
  • public procurement
  • writ petition
  • quashing
  • non-est

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.5658 of 2026
                 ======================================================
                 Rakesh Kumar Singh Son of Kailash Prasad Singh, Resident of Village Ufrail
                 Chowk, PS Maranga, District Purnea, Pin 854303 (Bihar).

                                                                        ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Secretary Public Health Engineering
                 Department, Visheweshraiya Bhawan, Bailey Road, Patna.
           2.    The Engineer-in-Chief, Public Health           Engineering    Department,
                 Visheweshraiya Bhawan, Bailey Road, Patna.
           3.    The Technical Bid Evaluation Committee, through its Chairman, the Chief
                 Engineer, Public Health Engineering Department, Purnea.
           4.    The Chief Engineer, Public Health Engineering Department, Purnea.
           5.    The Superintending Engineer, Public Health Engineering Department, P.H.
                 Circle Purnea.
           6.    The Executive Engineer, Public Health Engineering Department, P.H.
                 Division, Dhamdaha.
           7.    Vikash Kumar Shahi, Son of Niteshwar Shahi, Resident of Village Harka
                 Manshahi, P.S. Minapur, District Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Lal Babu Singh, Advocate
                 For the Respondent/s   :     Advocate General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   07-05-2026            The present writ petition has been filed by the petitioner

                   seeking the following reliefs:-

                               “1. (i) For quashing of the decision of the Respondent
                               Technical Bid Evaluation Committee dated 10.02.2026
                               (Annexure P/4) whereby and whereunder the petitioner
                               has been declared disqualified in Technical Bid in
                               connection with Tender NIT No. 08Re(3)/2024-25/
Patna High Court CWJC No.5658 of 2026(2) dt.07-05-2026
                                            2/3




                      (SBFc/Gr. No. 03); Tender Id No. 121545 relating to the
                      work of "Design, construction, supply testing and
                      commissioning of piped water supply schemes for
                      habitation left out under "Har Ghar Nal ka Jal" nischay
                      yojna in areas having ground water quality issues; with
                      Electric Driven Pumps and Iron Removal Treatment
                      Plant having Technology (Adsorption/Ion exchange/
                      Membrane/ Nano Technology/etc.) certified by CSIR or
                      any other institute of national repute" under P.H
                      Division, Dhamdaha in the District of Purnea, Bihar on
                      turn-key basis".
                      (ii) For further quashing of the decision in Financial
                      Bid dated 24.02.2026 (Annexure-P/6) whereby the
                      respondent no. 7 has been found the lowest bidder.
                      (iii) For a direction to the respondents to reconsider the
                      decision dated 10.02.2026 and declared the petitioner
                      qualified in Technical as the petitioner fulfills all the
                      conditions of the tender and SBD.
                      (iv) For appropriate declaration that the impugned
                      decision dated 10.02.2026 declaring the petitioner
                      disqualified in technical bid is non-est and doesn't stand
                      either on facts or on law.
                      (v) For a direction to the respondents not to take further
                      action in the tender during pendency of this writ
                      application.”
          2.      At the outset, the learned counsel for the petitioner

          submits that the grievances of the petitioner has stood redressed

          during the interregnum period, hence the present writ petition be

          disposed of.
         Patna High Court CWJC No.5658 of 2026(2) dt.07-05-2026
                                                     3/3




                   3.      Accordingly, the present writ petition stands disposed of.



                                          (Mohit Kumar Shah, J)


                                        (Ramesh Chand Malviya, J)
S.Sb/-

U


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