Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition was dismissed as infructuous because the contract had already been executed with the successful bidder.
Summary
Alok Kumar filed a writ petition challenging the tender committee's orders dated 28‑02‑2025 and 17‑02‑2025, alleging that his technical bid was improperly rejected for not mentioning tools and plants as required by the Manual of Bid Documents (MBD). He sought quashing of the orders, a declaration that his bid was responsive, and direction to award the contract to him if his financial bid was the lowest. The respondents filed a counter‑affidavit stating that an agreement had already been executed with the successful bidder on 25‑04‑2025. The Court observed that the contract had been finalized, rendering the petition moot. Consequently, the writ petition was disposed of as infructuous, with no further relief granted.
Issues considered
- What is the effect of an already executed agreement on a pending writ petition challenging the tender process?
- Whether the tender committee's order can be quashed when the contract has been awarded to another bidder.
Subjects
- tender
- public procurement
- writ petition
- quashing order
- infructuous
- contract award
- technical evaluation
- tools and plants
- MBD
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5942 of 2025
======================================================
Alok Kumar (Male), aged about 38 years, S/o Late Ram Padarth Singh, R/o
Awas Nagar, New Police Line, Bairiya Bus Stand, P.O.-M.I.T, P.S. - Ahiyapur,
Dist. - Muzaffarpur - 842003, Adhar no.- 873786931563, Mob- 8340592967
(Bid Id- 603189).
... ... Petitioner
Versus
1. The State of Bihar through the Secretary, Rural Work Department, Bihar,
Bishweshraiya Bhavan, Bailey Road, Patna.
2. The Engineer-In-Chief, cum Commissioner cum Special Secretary, Rural
Work Department, Bihar, Bishweshraiya Bhavan, Bailey Road, Patna.
3. The Chief Engineer-5, Muzaffarpur, R.W.D, sitting at Bishweshraiya
Bhavan, Bailey Road, Patna.
4. The Superintending Engineer, RWD, Work Circle, Motihari.
5. The Ex. Engineer, RWD, Work Division, Chakiya.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Jha, Advocate.
For the Respondents : Mr. Madan Mohan, A.C to S.C- 5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 06-05-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. Following is the relief sought for in the present
writ petition:-
“1. (i) For quashing the impugned order dated
28.02.2025 along with 17.02.25 passed by the
Tender Committee headed by the Engineer-in-
Chief (will be retired in June-25) due to not
mentioned the Tools & Plants as per MBD 4.4
B (b)(i) in the affidavit of the petitioner. The
petitioner has already submitted the affidavit
Patna High Court CWJC No.5942 of 2025(5) dt.06-05-2026
2/3
in which all tools & plants details mentioned
as per MBD.
(ii) For directing the respondents to declare
responsive of the technical bid of petitioner
because petitioner has submitted the details of
tools & plants under manner of MBD and
open the financial bid and award the tender in
favour of the petitioner if found lowest bid
which has already been declared qualified
earlier in the technical evaluation.
(iii) For restraining the respondents for further
action in tender process because respondents
are adamant to award the tender in favour of
his choice bidder and not award the work in
favour of the petitioner for which respondents
can go out of manner. Thus an appropriate
order may be passed directing the respondents
to award the work in favour of the petitioner if
his financial bid is found lowest,
(iv) For granting any other relief/s for which
the petitioner be found entitled in the eye of
law.”
3. A counter affidavit has been filed on behalf of the
respondent nos. 2 to 5 and in paragraph no. 11 of the said
counter affidavit, following statement has been made:-
“11. That thereafter present respondent has
entered into Agreement vide Agreement No-
03MBD/2025-26 dated 25.04.2025 followed
by Letter of Acceptance and work order issued
by the competent authority in favour of the
successful bidder.”
4. Upon perusal of the aforesaid statement, it appears
that the agreement has already been entered into between the
parties, rendering the present writ petition infructuous.
5. Accordingly, the present writ application stands
disposed of as having become infructuous.
Patna High Court CWJC No.5942 of 2025(5) dt.06-05-2026
3/3
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
U.K./-BKS
U
Checking your session…