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Patna High Court

Md. Rahmat AliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the petition, holding that no further order could be passed as the work order and agreement were not challenged, and the petitioner may file a separate writ application to contest them.

Summary

Petitioner Md. Rahmat Ali filed a writ petition seeking a mandamus directing the State of Bihar and its Public Health Engineering Department officials to reopen a tender (NIT no. 11/SBNQ/JAM/PHED/2024/2025) and declare his bid successful, alleging that his financial and technical bids were deliberately ignored. The respondents contended that a work order had already been issued and an agreement executed on 5 December 2024, matters which were not challenged in the present petition. The Patna High Court observed that the work order and agreement were outside the scope of the current application and therefore no further relief could be granted. Consequently, the Court disposed of the petition without granting the relief sought, while indicating that the petitioner could challenge the work order and agreement in a separate writ proceeding. The application was thus dismissed and the petition disposed.

Issues considered

  • What relief, if any, can the court grant in a writ petition seeking mandamus to reopen a tender when a work order and agreement have already been executed and are not contested in the petition?

Subjects

  • mandamus
  • tender
  • public procurement
  • work order
  • civil writ jurisdiction
  • Patna High Court
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.7613 of 2025
                 ======================================================
                 Md. Rahmat Ali Son of Ibrahim Miya, Resident of Village and P.O-
                 Chandrashaili, P.S- Khaira, District- Jamui.



                                                                                ... ... Petitioner/s
                                                         Versus


           1.    The State of Bihar through its Principal Secretary, Public Health
                 Engineering Department, Govt. of Bihar, Patna.
           2.    The Engineer in Chief, Public Health Engineering Department, Govt. of
                 Bihar, Patna.
           3.    The Chief Engineer South, Public Health Engineering Department, Govt. of
                 Bihar, Patna.
           4.    The Chief Engineer, Public Health Engineering Department, Bhagalpur
                 Circle, Bhagalpur.
           5.    The Executive Engineer, Public Health Division, Jamui.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :          Mr. Raja Ram Mishra, Advocate
                 For the Respondent/s    :          Mr. Prabhu Narayan Sharma, AC to AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   27-04-2026                    Heard learned counsel for the parties.

                                 2. Following is the relief sought for in the present writ

                   application:-

                                                         “01- That this is an application to seek
                                             the following relief/reliefs:
                                                         (i) For issuance of a writ of Mandamus
Patna High Court CWJC No.7613 of 2025(3) dt.27-04-2026
                                            2/3




                                  directing the Respondents to reopen the Tender of
                                  the       petitioner      having          NIT     no.
                                  11/SBNQ/JAM/PHED/2024/2025,               Group   no.
                                  SBNQ34 Tender ID- 69191 and the petitioner may
                                  be declared successful in that Bid as the
                                  Respondents have intentionally not consider the
                                  Financial Bid/Technical Bid of the petitioner in
                                  which he was succeeded.
                                               (ii) For Issuance of direction upon the
                                  Respondents to roll back the process of tender
                                  submitted by the petitioner and declare successful at
                                  par with other five contractors who have been
                                  declared successful.
                                               (iii) For issuance of other proper
                                  directions/orders/writ as your Lordships think fit
                                  and proper in the interest of Justice.”


                      3. Learned counsel for the State submits that the work

          order has already been issued and an agreement has also been

          entered between the employer and the employee as back as 5th

          December, 2024.

                      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.
           Patna High Court CWJC No.7613 of 2025(3) dt.27-04-2026
                                                       3/3




                                 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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