Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court disposed of the writ petition, holding that no further order could be passed as the work order and agreement under the challenged NIT were already executed and not contested.
Summary
Petitioners Dhiraj Kumar and Manoj Kumar sought to quash a Notice Inviting Tender (NIT) issued by the Bihar State Food and Civil Supply Corporation for appointing a new transportation‑cum‑handling contractor for inter‑district movement of custom milled rice and gunny bales, alleging that they already held a valid contract for the same work in Darbhanga and that the fresh NIT was illegal and arbitrary. The respondents argued that a work order and agreement had already been executed under the challenged NIT on 27‑03‑2025 and that these were not contested in the present writ. The High Court observed that since the work order and agreement were already in force and not challenged, there was no ground for further relief in the present application. Consequently, the Court disposed of the writ petition without granting any writ, directing the petitioners that they could file a separate writ petition if they wished to challenge the work order or agreement. The application was therefore dismissed.
Issues considered
- Whether the issuance of a fresh NIT for transportation‑cum‑handling services is illegal and arbitrary in view of an existing contract with the petitioners.
- Whether the court can quash the NIT when a work order and agreement have already been executed under it.
Subjects
- NIT
- public procurement
- administrative law
- arbitrariness
- writ jurisdiction
- contract enforcement
- government tender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6458 of 2025
======================================================
1. Dhiraj Kumar Son of Sudhir Kumar Singh, Resident of Ratanpur, Ward No.-
21, Post Office- Begusarai, Police Station- Ratanpur, District- Begusarai,
Bihar, PIN- 851101.
2. Manoj Kumar Mishra, Son of Gowardhan Mishra, Resident of Ghoghwaliya,
Sanwan, Saun Buxi Zee, Post Office- Ashoknagar, Police Station- Jalalpur,
District- Saran, Bihar 841412.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Civil Supply
Department, Government of Bihar, New Secretariat, Patna.
2. The Principal Secretary, Food and Civil Supply Department, Government of
Bihar, New Secretariat, Patna.
3. The District Magistrate, Darbhanga.
4. The District Magistrate cum Chairman, District Transport Committee,
Darbhanga.
5. The Bihar State Food and Civil Supply Corporation Ltd., Khadya Bhawan,
Daroga Rai Path, R- Block, Road No.- 2, Patna through its Managing
Director.
6. The Managing Director, The Bihar State Food and Civil Supply Corporation
Ltd., Khadya Bhawan, Daroga Rai Path, R- Block, Road No.- 2, Patna.
7. The Chief General Manager (PD), Bihar State Food and Civil Supply
Corporation Ltd., Khadya Bhawan, Daroga Rai Path, R- Block, Road No.- 2,
Patna.
8. The District Manager, Bihar State Food and Civil Supply Corporation Ltd.,
Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar
For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate
For the State : Mr. Md. Raza S. Ahmad, AAG-5
Mr. Alok Ranjan, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 27-04-2026 Heard learned counsels for the parties.
Patna High Court CWJC No.6458 of 2025(5) dt.27-04-2026
2/3
2. Following is the relief sought for in the present writ
application:-
“1. That the present writ application is
being filed for issuance of appropriate writ/writs,
order/orders, direction/directions for following
reliefs:
(I) For quashing of the NIT No. 10360
dated 28.12.2024 issued under the signature of the
Chief General Manager (PD), Bihar State Food and
Civil Supply Corporation Ltd. by which notice
inviting tender has been published for selection and
empanelment of Transportation-cum-Handling
Contractor for inter-district transportation of
Customed Milled Rice (CMR) and gunny bales of
Bihar State Food and Civil Supply Corporation Ltd.
(in short 'BSFC', 'Corporation') for the reason that
the petitioners have also been appointed as
Transport-cum-Handling Agent for the revenue
district of Darbhanga, by a process of selection
through NIT issued prior to the present NIT and the
terms of agreement for doing transportation work,
entered into between petitioners and BSFC still is in
existence and issuance of fresh NIT for the work of
inter-district transportation of Customed Milled
Rice (CMR) and gunny bales are illegal and
arbitrary because of the reason also that the
petitioners are also doing transportation work of
inter-district transportation for the godowns
situated in revenue district of Darbhanga.
(II) For any other relief/reliefs this
Hon’ble Court may find fit and proper in the facts
and circumstances of the present case.”
3. Learned counsel for the respondent submits that
Patna High Court CWJC No.6458 of 2025(5) dt.27-04-2026
3/3
pursuant to the NIT under challenge, the work order has been
issued and the agreement has also been executed on 27.03.2025.
4. Considering the fact that the work order and the
agreement has already been executed which is not under
challenge in the present application, this Court is of the view
that no further order is required to be passed in the present
application.
5. Accordingly, the present application stands
disposed of.
6. If so advised, the petitioner shall be at liberty to
challenge the said work order and agreement by way of filing a
separate writ application.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Sachin/-
U
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