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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