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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