Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition was dismissed as infructuous because the work order had already been issued to the successful bidder.
Summary
Alok Kumar filed a writ petition challenging a tender committee order dated 25‑02‑2025, alleging that the State of Bihar's Rural Work Department failed to upload the SBD and did not disclose bid information, and seeking the award of the contract to him. The respondents filed a counter‑affidavit stating that an agreement and work order had already been issued to the successful bidder on 27‑03‑2025. The court examined the counter‑affidavit and found that the work order had indeed been executed, rendering the petition moot. Consequently, the court held that the writ petition could no longer be entertained. The petition was therefore disposed of as infructuous, and any pending applications were also dismissed.
Issues considered
- What is the appropriate judicial remedy when a work order has already been issued after the filing of a writ petition challenging the tender process?
Subjects
- writ petition
- tender
- procurement
- infructuous
- public works
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6083 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, R.W.D, Work Circle, Motihari.
5. The Ex. Engineer, R.W.D., Work Division, Chakiya, District- East
Champaran.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Jha, Advocate.
For the Respondents : Mr. Amish Kumar, A.C. to A.G.
======================================================
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
Patna High Court CWJC No.6083 of 2025(5) dt.06-05-2026
2/3
25.02.2025 passed by the Tender Committee
due to non submission of bids information
prior to this bid though the SBD was not
uploaded by the respondents knowingly.
(ii) For directing the respondents to declare
responsive of the technical bid of petitioner
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 not to 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
State, wherein following statement has been made in paragraph
no. 13:-
“13. That thereafter, present respondent has
entered into agreement vide Agreement No.
18SBD/2024-25 dated 27.03.2025 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 work order has already been issued rendering the
present writ petition infructuous.
5. Accordingly, the present writ application stands
disposed of as having become infructuous.
Patna High Court CWJC No.6083 of 2025(5) dt.06-05-2026
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6. Pending application (s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
U.K./-BKS
U
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