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
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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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