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Patna High Court

Md. Hadis NazversusThe State of Bihar, through the Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The Central Purchase Committee exceeded its jurisdiction to alter rates fixed by the District Jail Purchase Committee, rendering the impugned orders void and entitling the petitioner to the differential payment.

Summary

The petitioner, Md. Hadis Naz, supplied food grains and other articles to District Jail Khagaria for FY 2012‑13 based on rates fixed by the District Jail Purchase Committee and approved by the District Magistrate. Subsequently, the Central Purchase Committee issued memos on 28‑08‑2012 and 05‑10‑2012 reducing those rates, resulting in under‑payment to the petitioner. The petitioner filed a writ petition seeking quashing of those orders and a mandamus directing payment of the differential amount with interest. The respondents contended that the petition was barred by limitation, having been filed thirteen years after the supplies were made. The Court examined Rule 24 and Rule 1051 of the Bihar Jail Manual, held that the Central Purchase Committee had no jurisdiction to alter rates recommended by the District Committee, and found that earlier decisions allowed similar delayed petitions; consequently, the impugned orders were set aside and the respondents were directed to pay the balance amount. The writ petition was allowed.

Issues considered

  • The Central Purchase Committee’s jurisdiction to modify rates fixed by the District Jail Purchase Committee under Rules 24 and 1051 of the Bihar Jail Manual
  • Whether the writ petition is barred by limitation/laches due to the thirteen‑year delay
  • Whether the petitioner is entitled to the differential payment at the rates recommended by the District Jail Purchase Committee with interest
  • Whether the orders dated 28‑08‑2012 and 05‑10‑2012 can be quashed

Subjects

  • jail procurement
  • rate fixation
  • Central Purchase Committee
  • District Jail Purchase Committee
  • limitation
  • laches
  • promissory estoppel
  • Bihar Jail Manual
  • writ petition
  • mandamus
  • certiorari

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6064 of 2026
                 ======================================================
                 Md. Hadis Naz S/o Md. Halim Uddin, Resident of Village - Bansitkar, P.S.
                 Sabour, District- Bhagalpur.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
           2.    The Home Commissioner, Home (Jail) Department, Bihar, Patna.
           3.    The Director (Work Shop), Jail Inspectorate, Home (Jail) Bihar, Patna.
           4.    The Inspector General, Prison, Bihar, Patna.
           5.    The District Magistrate - Cum - Chairman, District Jail Purchase Committee,
                 Khagaria.
           6.    The Jail Superintendent, District Jail, Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Satish Kumar Sinha
                 For the Respondent/s   :       Mr.Government Advocate (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   27-04-2026                 Heard learned counsel for the parties.

                               2 The present writ petition has been filed seeking the

                   following reliefs:

                                   “(A) A writ in the nature of certiorari or
                         any other appropriate writ/s, order/s for quashing
                         the following:

                                    (i) The order dated 28.08.2012 contained
                         in Memo No          3866 issued by the Director
                         (Workshop), Jail Inspectorate, Home (Jail)
                         Department, Bihar Government, Patna, by which
                         the standard rate of different articles for supply of
                         the same in different jail of Bihar has been fixed
                         stating therein that the payment for the supply of
                         food grains and other articles made by the supplies
                         in jails in financial year 2012-13 up till now, i e,
                         from 01.04.2012 to 23.08.2012, shall be made to the
                         suppliers at the rate fixed and approved for the
Patna High Court CWJC No.6064 of 2026(2) dt.27-04-2026
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                financial year 2011-12 and the payment for the
                supply of food grains and other articles made by
                the suppliers after the meeting of Central Purchase
                Committee, i e after 23.08.2012, shall be made to
                the suppliers at the rate fixed and approved for the
                financial year 2012-13 by the Central Purchase
                Committee which is very lower to the market rate
                and rate fixed by the District Jail Purchase
                Committee and approved by the District Magistrate
                and the same is also contrary to the provision of
                Rule 24 as well as Rule 1051 of Bihar Jail Manual.

                                           (Annexure-P2 to the petition)

                           (ii) The order dated 05.10.2012,
                contained in Memo No 4527 issued under the
                signature of the Director (Workshop), Jail
                Inspectorate, Home (Jail) Department, Bihar
                Government, Patna, by which the order dated
                28.08.2012, contained in Memo No 3866 was
                modified fixing the another fresh rate contrary to
                the rate fixed and recommended by the District Jail
                Purchase Committee, Khagaria.

                                           (Annexure-P5 to the petition)

                          (B) A writ in the nature of mandamus or
                any other appropriate writ/s, order/s, directions
                commanding the respondents to make payment of
                the balance differential amount to the
                petitioner/supplier against the articles supplied by
                him in District Jail, Khagaria during the financial
                year 2012-213 as per the rate fixed and
                recommended by the District Jail Purchase
                Committee, Khagaria which was approved by the
                District Magistrate, Khagaria with penal interest
                after adjusting the amount already paid to him.

                          (C) Any other relief/s for which the
                petitioner is entitled to.

                      3 Learned counsel for the petitioner has prayed that

          the matter is squarely covered by the judgment of this Hon’ble
Patna High Court CWJC No.6064 of 2026(2) dt.27-04-2026
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          Court passed in C.W.J.C. No. 19583 of 2015 and other writ

          petitions which were allowed by this Hon’ble Court. Learned

          counsel has also stated that C.W.J.C. No. 66 of 2013 pertaining

          to similar reliefs, as claimed in the present writ petition, was

          allowed by this Hon’ble Court and the said order was confirmed

          by a Division Bench in LPA No. 594 of 2016 vide order, dated

          14.07.2017. Thereafter the said order of the Division Bench was

          also challenged before the Hon’ble Supreme Court vide Special

          Leave to Appeal (C) No. 28334 of 2017 and the Hon’ble

          Supreme Court was also pleased to dismiss the Special Leave to

          Appeal vide order, dated 03.11.2017, therefore, learned counsel

          has prayed this Hon’ble Court to allow the present writ petition.

                      4 Further, it is stated by the counsel for the petitioner

          that the order passed by this Hon’ble Court in C.W.J.C. No.

          19583 of 2015, dated 05.05.2023, was also complied by the

          authorities concerned as the full payment was made to the writ

          petitioner therein.

                      5 Learned counsel appearing on behalf of the

          respondents has vehemently opposed the very maintainability of

          the present writ petition stating that the present writ petition has

          been filed belatedly. Learned counsel has stated that the present

          writ petition is not maintainable and the same is liable to be
Patna High Court CWJC No.6064 of 2026(2) dt.27-04-2026
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          dismissed on the ground of latches. Learned counsel has stated

          that though the petitioner has submitted the bills in the year

          2012-13 the present writ petition has been filed after a gap of

          almost thirteen years, therefore, the present writ petition is liable

          to be dismissed on this sole ground.

                      6 A perusal of the impugned order as well as the

          pleadings in the present writ petition shows that this Hon’ble

          Court under similar circumstances has allowed the writ petitions

          filed by the petitioners therein. Even though, the learned counsel

          for the respondents has prayed this Court to dismiss the present

          writ petition on the ground of latches. However, it is pertinent to

          note that this Court has allowed the several writ petitions which

          were made for the supply of the financial year 2012-13 in the

          year 2024. Therefore, this Court is of the opinion that the above

          objections taken by the respondents does not find any merit any

          consideration, the attempt of the counsel for the respondents to

          distinguish the same on facts is rejected as the above judgments

          squarely covers the present case.

                      7 Admittedly, in the present case also the petitioner

          was selected for the purpose of supplying of different articles,

          including the tendered article, i.e., rice, flour of wheat, he-goat

          meat, fire wood etc. and the rate which was earlier fixed by the
Patna High Court CWJC No.6064 of 2026(2) dt.27-04-2026
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          District Jail Purchase Committee was approved by the District

          Magistrate, but, after the articles were supplied at the rate fixed

          by the District Jail Purchase Committee, the Central Purchase

          Committee has unilaterally reduced the rate fixed. This Court in

          a catena of cases under similar circumstances has passed the

          following order :

                           “A bare perusal of the statutory
                provisions underlying Rule 24 read alongside Rule
                1051 of the Jail Manual, would manifest that no
                appellate jurisdiction is vested in the Central
                Purchase Committee to preside over the rate
                recommended by the District Jail Purchase
                Committee. In fact the area is clearly demarcated
                and whereas the Central Patna High Court CWJC
                No.8365 of 2025(2) dt.23-06-2025 6/9 Purchase
                Committee is required to give a wholesome
                consideration to the requirements and the needs of
                the Jails established across the State and thus
                exercises jurisdiction where the purchases are to be
                made in large quantities, on the other hand, the
                District Jail Purchase Committees are constituted
                in each district and are presided by the District
                Magistrate. These Committees are looking into the
                individual needs and interests of the jail situated
                within the district. The area of operation of the two
                Committee is clearly demarcated and in the
                circumstances it is clearly established that the
                Central Purchase Committee has exceeded its
                jurisdiction to sit in appeal over the rates so
                recommended by the respective District Jail
                Purchase Committee in the present batch of cases.

                           Another infirmity which is eloquent from
                a very look of the tender notice is that it is first of
                its kind where the tenderers are required to make
                supplies without any agreement on the rates. In
                fact the tender on record of these batch of writ
                petitions reflect that the willing tenderers were only
Patna High Court CWJC No.6064 of 2026(2) dt.27-04-2026
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                applicants for the supplies and the rates for such
                supplies was to be determined by the District Jail
                Purchase Committee who had to consider the
                fixation in the backdrop of the rates prevalent in
                the markets. Rule 1051 of the Jail Manual
                manifests that such Committee is to be presided by
                the District Magistrate and Rule 1051 (v) further
                provides that the current prices is to be ascertained
                by the Committee by making enquiries.

                           In a similar manner Rule 24 requires a
                Central Purchase Committee to take a decision in
                this regard and Sub Rule (6) thereof vests
                jurisdiction in the Inspector General to sanction a
                higher rate then recommended by the Purchase
                Committee. This singular provision by itself is
                supportive of the fact that a rate recommended by
                the District Jail Purchase Committee is not to be
                interfered with in a light manner unless the
                Inspector General of Prisons is of the opinion to
                sanction a higher rate. In the present case it is
                absolutely the converse and the rates as
                recommended by the respective District Jail
                Purchase Committee has been interfered with by
                the Central Purchase Committee to reduce the
                same. The period of supply is over and the
                petitioners have made their supplies under the
                legitimate expectation of the rates recommended by
                the District Jail Purchase Committee. In my
                opinion once the District Jail Purchase Committee
                has approved and recommended the rates offered
                by the petitioners by following the procedure
                provided under Rule 1051(v) and it is upon such
                approval that the supplies were made by the
                petitioners then the same cannot be reversed
                unilaterally, midway in the contract and without the
                consent of the contracting party i.e the petitioners
                herein. The respondents are estopped from
                interfering with the rates so recommended by the
                District Jail Purchase Committee in view of the
                statutory prescriptions as well as on the principles
                of legitimate expectation and promissory estoppel.
                In so far as the District of Saharsa and Nawada is
                concerned, the illegality is further perpetuated
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                when the respondents have gone ahead to recover
                the differential amount. Apart from the fact that the
                Central Purchase Committee though presided by
                the Inspector General of Prisons has no
                jurisdiction to reverse the rate recommended by the
                District Jail Purchase Committee even otherwise,
                once the petitioners have made their supplies at a
                rate recommended by the District Jail Purchase
                Committee then the rate can not be interfered in
                the midst of the contract to the prejudice of a
                contracting party.”

                      8 The above said judgment has been affirmed by the

          Hon’ble Division Bench holding as under :

                          “In the matter of purchase made to the
                jail in question, based on the recommendations of
                the District Jail Purchase Committee as approved
                by the Inspector General of Prison, the subsequent
                action taken by the Central Purchase Committee
                has been examined by the learned Writ Court in the
                backdrop of the rules contained under the Jail
                Manual and it has been found that once the
                petitioners had supplied the materials based on the
                recommendations and the price fixed by the District
                Jail Purchase Committee approved by the Inspector
                General of Prison, the Central Purchase
                Committee has no jurisdiction to sit over the matter
                and reconsider the issue.

                          After going through the statutory
                provisions in detail and discussing the issue
                involved, we find that learned Writ Court has
                decided the issue in accordance with law, which
                does not warrant any consideration”.

                      9 Having regard to the above laid legal proposition,

          the writ petition stands allowed. The impugned order is set

          aside. The        Jail   Superintendent,       District   Jail,   Khagaria

          (Respondent No. 6) is directed to make payment of the balance
           Patna High Court CWJC No.6064 of 2026(2) dt.27-04-2026
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                     differential amount for supply made in the financial year 2012-

                     13 to the petitioner as per the rate recommended by the district

                     Jail Purchase Committee, after adjusting the amount already

                     paid to the petitioner. The Inspector General, Jail, Bihar, Patna,

                     is directed to release the fund for the said purpose. The above

                     exercise shall be complied within eight weeks from the date of

                     receipt/communication of this order.



                                             (A. Abhishek Reddy , J)
M.E.H./-

U


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