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Patna High Court

M/s A.M. InfratechversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as infructuous because the tender had already been awarded, leaving no effective relief to grant.

Summary

M/s A.M. Infratech filed a writ petition in the Patna High Court challenging the rejection of its representation, the technical committee’s report that declared it non‑qualified, and the award of a road‑construction tender to another bidder. The petition sought certiorari to quash the impugned orders, mandamus to treat its experience certificate as a prime contractor, and a declaration that the respondents had circumvented a prior court order. The petitioner’s counsel admitted that the tender had already been awarded to a third party, rendering the reliefs sought moot. The Court held that since the award was final, the petition could no longer achieve any substantive relief. Consequently, the writ petition was declared infructuous and disposed of without further orders.

Issues considered

  • Whether the rejection of the petitioner’s representation was arbitrary, mechanical and non‑speaking.
  • Whether the Technical Committee Report and subsequent tender award can be quashed by certiorari.
  • Whether mandamus can be issued to compel the respondents to treat the petitioner’s experience certificate as a prime contractor under the SBD.
  • Whether the respondents acted in violation of the earlier order dated 18.02.2026 in C.W.J.C. No.2506 of 2026.

Subjects

  • writ petition
  • certiorari
  • mandamus
  • tender award
  • technical committee report
  • public procurement
  • infructuous
  • road construction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8106 of 2026
                 ======================================================
                 M/s A.M. Infratech having its registered office at Ward No. 7, Murligarhi,
                 Renukoot, District Sonbhadra, Uttar Pradesh-231221 through its authorized
                 representative and Power of Attorney Holder Bashisth Mishra, aged about 61
                 years (Male), Son of Jangbahadur Mishra, Resident of adhiwakta nagar, ward
                 no. 14, P.O- Gopalganj, P.S.- Town Thana, District- Gopalganj, Bihar-841428.

                                                                   ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Chief Secretary, Road Construction
                 Department, Government of Bihar, Patna.
           2.    The Secretary, Road Construction Department, Government of Bihar, Patna.
           3.    The      Engineer-in-Chief-cum-Additional Commissioner-cum-Special
                 Secretary (Works Management), Road Construction Department, Bihar,
                 Patna.
           4.    The Chief Engineer, North, Road Construction Department, Bihar, Patna.
           5.    The Superintending Engineer, Bettiah Road Circle, Bettiah.
           6.    The Executive Engineer, Road construction Department, Road Division,
                 Bettiah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sourav Suman, Adv.
                                               Ms. Pragati Patra, Adv.
                                               Mr. Pranav Raj, Adv.
                 For the State          :      Md. Harun Quareshi, AC to SC-1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   25-06-2026                   The present writ petition has been filed seeking the

                   following reliefs:-

                            “1(i). For issuance of an appropriate writ, order or
                            direction in the nature of certiorari for quashing the
                            impugned order contained in Letter No. 2415, dated
                            10.04.2026, passed by Respondent No.2, whereby the
                            petitioner's representation has been rejected in an
Patna High Court CWJC No.8106 of 2026(2) dt.25-06-2026
                                            2/3




                  arbitrary, mechanical and non-speaking manner.
                  (ii). For issuance of an appropriate writ, order or
                  direction in the nature of certiorari for quashing
                  Technical       Committee        Report   No.    513(E),   dated
                  21.01.2026        and     consequential     proceedings    dated
                  29.01.2026 communicated through Letter No. 674, dated
                  30.01.2026, whereby the petitioner has been declared
                  non-qualified and the tender finalized in favour of a third
                  party;
                  (iii). For issuance of an appropriate writ, order or
                  direction in the nature of Mandamus commanding the
                  respondents        to    treat    the   petitioner's   experience
                  certificate as a Prime Contractor as satisfying Clause
                  4.5A(b) of the SBD and reconsider the petitioner's bid in
                  accordance with law;
                  (iv). For issuance of an appropriate writ, order or
                  direction declaring that the respondents acted in
                  derogation of and in circumvention of the order dated
                  18.02.2026, passed in C.W.J.C. No. 2506 of 2026,
                  rendering the purported compliance and hearing granted
                  pursuant thereto illusory and unsustainable in law;
                  (v). For issuance of an appropriate writ, order or
                  direction restraining the respondents from acting further
                  on the basis of the impugned rejection and/or from
                  proceeding to give effect to the tender decision in favour
                  of third party, during pendency of the present writ;
                  (vi). For issuance of an appropriate writ, order or
                  direction restraining the respondents from acting further
                  on the basis of the impugned tender finalization and/or
                  giving effect thereto during the pendency of the present
         Patna High Court CWJC No.8106 of 2026(2) dt.25-06-2026
                                                     3/3




                           writ petition.”
                   2.      At the outset, the learned counsel for the petitioner

                   submits that admittedly, the bid has been awarded to some other

                   bidder vide order dated 30.01.2026, hence the present writ

                   petition has been rendered infructuous, nonetheless the

                   petitioner shall be participating in future bids on merits.

                   3.      Accordingly, the present writ petition stands disposed of

                   as having been rendered infructuous.


                                          (Mohit Kumar Shah, J)


                                                ( Raj Kumar, J)

Ajay/-

U


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