Patna High Court
A A Patna (JV)versusBihar Urban Infrastructure Development Corporation Ltd.
- Decided
- Disposal
- DISPOSED
Holding
The court held that the petitioner must first seek appropriate representation before the Managing Director, after which the respondents must decide within a stipulated period, and therefore disposed the writ petition without granting mandamus.
Summary
The petitioner, A A Patna (JV), filed a writ petition seeking a mandamus directing Bihar Urban Infrastructure Development Corporation Ltd. (BUIDCo) to execute an agreement under a Letter of Acceptance dated 07.01.2026, after having deposited a performance guarantee. The court noted that no agreement or work order had been issued despite the LOA. The petitioner's counsel was granted liberty to file a representation before the Managing Director of BUIDCo within two weeks. The court directed that the respondent must dispose of the representation within two weeks of receipt, issuing a reasoned order. Accordingly, the writ petition was disposed without granting the writ of mandamus.
Issues considered
- Whether the respondents are duty-bound to execute an agreement with the petitioner under the Letter of Acceptance
- Whether a writ of mandamus can be issued to compel the respondents to enter into the agreement and cooperate in completing the work
Subjects
- Writ of Mandamus
- Letter of Acceptance
- Government Undertaking
- Contractual Obligation
- Civil Procedure
- High Court
- Petition Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6682 of 2026
======================================================
A A Patna (JV) through its lead partner and power of attorney holder Mr. Alok
Kumar, aged about 38 Years (Male), Son of Shri Binay Kumar Sinha,
Resident of Mohalla- Vijay Nagar, Hanuman Nagar, Kankarbagh, House No.
F/40, P.O-Bahadurpur, P.S- Patrakar Nagar, District- Patna-20.
... ... Petitioner/s
Versus
1. Bihar Urban Infrastructure Development Corporation Ltd. (in short
BUIDCo. Ltd.) A Govt. of Bihar Undertaking, through its Managing
Director, West Boring Canal Road, (Rajapur Pul), Patna-1.
2. The Managing Director, Bihar Urban Infrastructure Development
Corporation Ltd. (in short BUIDCo. Ltd), A Govt. of Bihar Undertaking,
West Boring Canal Road, (Rajapur Pul), Patna-1.
3. The Chief General Manager (North Bihar Wing), Bihar Urban Infrastructure
Development Corporation Ltd. (in short BUIDCo. Ltd), A Govt. of Bihar
Undertaking, West Boring Canal Road, (Rajapur Pul), Patna-1.
4. The Project Director (Civil), Bihar Urban Infrastructure Development
Corporation Ltd. (in short BUIDCo. Ltd), A Govt. of Bihar Undertaking,
Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv.
Mr. Anil Kumar Sinha, Adv.
Mr.Manish Sahay, Adv.
For the BUIDCO : Mr.Lalit Kishore, Sr. Adv.
Mr. R.K.Priyadarshi, Adv.
======================================================
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 seeking the
Patna High Court CWJC No.6682 of 2026(2) dt.07-05-2026
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following reliefs:-
“1(i). For issuance of appropriate writ including a writ
in the nature of writ of "Mandamus" directing the
concerned respondent to enter into an agreement with the
petitioner in terms of Letter of Acceptance (in Short
LOA), issued, vide letter No. 67 dated 07.01.2026, by the
Chief General Manager (i.e. Respondent no. 3) because
after fulfilling all required criteria in terms of said Letter
of Acceptance the respondents are silent over the matter
of entering into an agreement with the petitioner.
(ii). For further directing the concerned respondent to
give their full cooperation for completing the work in
time.”
2. At the outset, the learned Senior Counsel for the
petitioner submits that though LOA has been awarded in favour
of the petitioner on 7.1.2026, whereafter the performance
guarantee has also been deposited, however till date neither any
agreement has been entered into by the respondents with the
petitioner nor any work order has been issued, hence the
petitioner be granted liberty to file appropriate representation
before the Managing Director, Bihar Urban Infrastructure
Development Corporation Ltd., Government of Bihar, Patna, i.e.
the Respondent No. 2. Liberty, so sought, is granted.
3. It is needless to state that in case appropriate
representation is filed by the petitioner before the Respondent
No. 2 within a period of two weeks from today, the same shall
be disposed of by the Respondent No. 2 within a period of two
Patna High Court CWJC No.6682 of 2026(2) dt.07-05-2026
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weeks thereafter, by passing a reasoned and a speaking order, in
accordance with law.
4. Accordingly, the present writ petition stands disposed of
on the aforesaid terms.
(Mohit Kumar Shah, J)
( Ramesh Chand Malviya, J)
Ajay/-
U
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