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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
                                            2/3




          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
                                                     3/3




                   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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