Patna High Court
Rai Raj Construction Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the petition cannot be entertained further but the competent authority may consider the Executive Engineer’s report before any final decision on the tender.
Summary
Rai Raj Construction Pvt. Ltd. filed a writ petition challenging an ex parte decision of the Departmental Tender Committee that rejected its technical bid, cancelled the tender and threatened action under the Bihar Contractors Registration Rules, 2007. The petitioner argued that the committee acted without giving it an opportunity to clarify or modify its bid and without issuing a show‑cause notice. The court noted that the petitioner’s submissions were limited and that a report from the Executive Engineer dated 10‑04‑2026 concerning the petitioner’s existing commitments had not been considered. The judges directed that the competent authority may consider this report before taking any further decision, provided it has not already done so. No relief was granted and the petition was disposed of with the observation that the matter be reconsidered by the appropriate authority.
Issues considered
- Whether the ex parte decision of the Departmental Tender Committee rejecting the technical bid can be quashed on grounds of procedural irregularity.
- Whether the petitioner was denied a fair opportunity to be heard and to submit clarifications before the tender was cancelled.
- Whether the court can direct the re‑advertisement of the tender or restrain the respondents from proceeding with the memo dated 21‑04‑2026.
Legislation cited
Subjects
- tender process
- ex parte decision
- procedural fairness
- administrative law
- writ petition
- technical bid
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6978 of 2026
======================================================
Rai Raj Construction Pvt. Ltd. having its Corporation Office at 601, 6th Floor,
Lav Kush Tower, Exhibition Road, P.S. Gandhi Maidan, District Patna
through its Director Baidya Nath Rai, aged about 53 years, Male, Son of
Mahendra Rai, Resident of Flat No. 410, Ashiyana Plaza, Budha Marg, P.S.
Kotwali, District Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Road
Construction Department, Government of Bihar, Patna.
2. The Engineer in Chief-Cum-Additional Commissioner cum Special
Secretary, (Works Management), Road Construction Department,
Government of Bihar, Patna.
3. The Chief Engineer (North), Road Construction Department, Government of
Bihar, Patna.
4. The Executive Engineer, Road Construction Department, Road Division,
Chhapra, District Saran, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan,Adv.
For the Respondent/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 29-06-2026 The present writ petition has been filed seeking the
following reliefs:-
“(i) Quashing of the exparte decision of the Departmental
Tender Committee as contained in Memo No. 2694 (E) dated
21.04.2026 (Annexure P/12) by which, after opening of the
Financial Bid, in the absence of objection by any Bidder,
without giving an option to submit clarification and
modification, without issuing any Show Cause Notice and
contrary to own administrative records, the Respondents have
decided to;
(a) Reject the Technical Bid of the petitioner under
Clause 4.8 of the Instruction to Bidders for having
Patna High Court CWJC No.6978 of 2026(3) dt.29-06-2026
2/3
furnished wrong information regarding the existing
commitment.
(b) Cancel the tender process and direct the
jurisdictional Chief Engineer to proceed for re-
advertisement / fresh tender; and
(c) Initiate proceeding under Bihar Contractors
Registration Rules, 2007 for the allegation of
uploading wrong information along with the Bidding
document.
(ii) Directing the respondents to proceed and finalize the
tender process arising out of Notice Inviting Tender No
NIT.03/2025 26 dated 23.07.2025; and
(iii) Restraining the respondents from proceeding further by
giving to the decision of the Departmental Tender Committee
as contained in Memo NO. 2694 (E) dated 21.04.2026 during
the pendency of the present writ application and / or the
without the leave of this Hon'ble Court.”
2. At the outset, the learned counsel for the petitioner
submits that the Executive Engineer, Road Construction
Department, Road Division, Begusarai vide letter dated
10.04.2026, written to the Chief Engineer, North, Road
Construction Department, Bihar, Patna has submitted a report
pertaining to the existing commitment of the petitioner as has
been mentioned therein, hence it is prayed that the same may be
considered by the Departmental Tender Committee before
passing any final order.
3. Having regard to the limited submission made by
the learned counsel for the petitioner, we deem it fit and proper
to dispose of the present petition with an observation that the
report submitted by the Executive Engineer Road Construction
Patna High Court CWJC No.6978 of 2026(3) dt.29-06-2026
3/3
Department, Road Division, Begusarai vide letter dated
10.04.2026 may be considered by the competent authority
before taking any decision with regard to the petitioner, if the
same has not already been taken.
(Mohit Kumar Shah, J)
( Raj Kumar, J)
kanchan/-
U
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