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Patna High Court

M/s Pawan Construction a registered Government Contractor and Supplier,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the respondents must consider the petitioner's representation and refrain from proceeding with the tender process until the petition is finally adjudicated.

Summary

M/s Pawan Construction, a government contractor, filed a writ petition alleging grievance over a tender process and submitted a representation to the Secretary, Rural Works Department, Bihar. The petitioner sought a direction that the representation be decided, an injunction restraining the respondents from proceeding with the tender, and any other appropriate relief. The High Court examined whether it could intervene in the administrative decision‑making of the Rural Works Department. It ordered the Additional Chief Secretary to consider the representation, give a hearing to all stakeholders, and pass an appropriate order within four weeks, thereby restraining further tender action pending final adjudication. The writ petition was thereafter disposed. The order also disposed of any pending applications.

Issues considered

  • Whether the High Court can direct the Additional Chief Secretary, Rural Works Department, to consider the petitioner's representation and restrain the tender process pending adjudication of the writ petition

Subjects

  • writ jurisdiction
  • administrative law
  • public authority
  • representation
  • tender process
  • Bihar Rural Works Department
  • injunction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.815 of 2026
                 ======================================================
                 M/s Pawan Construction, a registered Government Contractor and Supplier,
                 through its Partner Rajesh Kumar Tiwari @ Rajesh Tiwari, Male, aged about
                 40 years, Son of Madan Tiwari, Resident of Village- Maksudpur, P.O.-
                 Sasamusa, P.S.- Uchakagaon, District- Gopalganj, Bihar.


                                                                             ... ... Petitioner
                                                  Versus


           1.    The State of Bihar through the Additional Chief Secretary, Rural Works
                 Department, Govt. of Bihar, Patna.
           2.    The Chief Engineer-cum-Additional Commissioner-cum-Special Secretary,
                 Rural Works Department, Govt. of Bihar, Patna.
           3.    The Chief Engineer, Rural Works Department, Bihar, Patna.
           4.    The Superintending Engineer, Rural Works Department, Work Zone,
                 Gopalganj.
           5.    The Executive Engineer, Rural Works Department, Work Division
                 Gopalganj.
           6.    The Nodal Officer, MMGSY, Rural Works Department, Patna.


                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :     Mr. Bindhyachal Singh, Sr. Advocate, Mr. Kumar
                                             Harshvardhan, Advocate and Mr. Sudhanshu
                                             Prakash, Advocate
                 For the Respondents   :     Mr. Government Advocate (5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   03-02-2026                  Heard learned senior counsel for the petitioner and

                   learned counsel for the respondents.

                                2. The following reliefs have been sought for by the
Patna High Court CWJC No.815 of 2026(2) dt.03-02-2026
                                            2/3




          petitioner in the present writ application:

                                  “1 (i) Direction upon the respondents to
                                  decide the representation of the petitioner
                                  submitted to the Secretary.
                                  (ii) Pending final adjudication of the present
                                  writ petition, this Hon’ble Court may kindly
                                  be pleased to restrain the respondents from
                                  proceeding further with the tender process in
                                  any manner whatsoever.
                                  (iii) Pass such other order(s) as may be
                                  deemed fit and proper in the facts and
                                  circumstances of the case.
                        3. Learned senior counsel for the petitioner submits

          that the petitioner has filed a representation before the Secretary,

          Rural Works Department, Bihar, Patna, vide Annexure-P/6 dated

          24.12.2025, seeking redressal of his grievance.

                        4. Considering the aforesaid submission, respondent

          no. 1, namely the Additional Chief Secretary, Rural Works

          Department, Government of Bihar, Patna, is directed to consider

          the representation of the petitioner and pass an appropriate order

          in accordance with law, after giving due opportunity of hearing

          to all the stakeholders, within a period of four weeks from the

          date of receipt/production of a copy of this order.

                        5. With the aforesaid observation and direction, the

          present writ application stands disposed of.
         Patna High Court CWJC No.815 of 2026(2) dt.03-02-2026
                                                     3/3




                                 6. Pending application(s), if any, shall also stand

                   disposed of.


                                                           (Sudhir Singh, J)


                                                     (Rajesh Kumar Verma, J)

U.K./-
U


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