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Patna High Court

M/s Singh Construction Private Ltd.versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as infructuous because the tender had already been awarded and the agreement executed.

Summary

M/s Singh Construction Private Ltd. filed a writ petition challenging the Grievance Committee's decision that declared its technical bid unsuccessful, alleging arbitrariness and violation of natural justice. The petition sought certiorari to quash the decision, mandamus to restore its technical qualification, a remand for fresh consideration, and a stay on the tender finalization. The court noted that the tender had already been awarded to another bidder on 30-04-2026 and the agreement executed on 08-05-2026, rendering the petition ineffective. Consequently, the court held that the petition was rendered infructuous. The writ petition was therefore disposed of without granting any relief.

Issues considered

  • What is the appropriate remedy when a tender has already been awarded and the petition challenging the technical qualification becomes moot?

Subjects

  • tender
  • technical qualification
  • writ petition
  • certiorari
  • mandamus
  • infructuous
  • natural justice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8171 of 2026
                 ======================================================
                 M/s Singh Construction Private Ltd. through its Managing Director namely
                 Chandraprakash, aged about 36 years (Male), Son of Shailesh Kumar Singh,
                 resident of Mohalla- Satpura Colony, Post Office- Lane Aghoria Bazar, P.S.-
                 Kazi Mohammadpur, District- Muzaffarpur, Bihar- 842002 having its Office
                 at New Satpura Colony, Post Office Lane, Aghoria Bazar, Muzaffarpur, Bihar.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Road Construction Department,
                 Government of Bihar, Patna.
           2.    The Engineer-in-Chief, Road Construction Department, Bihar, Patna.
           3.    The Chief Engineer, North, Road Construction Department, Bihar, Patna.
           4.    The Superintending Engineer, North Bihar Road Zone, Muzaffarpur.
           5.    The Executive Engineer, Road Division No.1, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         : Mr.Sourav Suman, Adv.
                 For the Respondent/ State    : Mr. S.D.Sanjay, AG (virtual mode)
                                                Mr. Rahul Kumar, AC to AG
                                                Mr. Prabhat Ranjan, Adv.
                 ======================================================
                 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 decision of the Grievance Committee vide
                            letter no. 2586(E), dated 16.04.2026 (as contained in
                            ANNEXURE-P/5) whereby the petitioner has been
                            declared unsuccessful in the technical bid, being
                            arbitrary, illegal and violative of principles of natural
Patna High Court CWJC No.8171 of 2026(2) dt.25-06-2026
                                            2/3




                   justice;
                   (ii). For issuance of an appropriate writ, order or
                   direction in the nature of mandamus directing the
                   respondents       to    restore        the   petitioner's   technical
                   qualification as declared vide proceedings dated
                   24.03.2026 and permit participation in the financial bid;
                   (iii). For issuance of an appropriate writ, order or
                   direction remanding the matter to the competent
                   authority/grievance committee for fresh consideration of
                   the petitioner's technical bid and its representation
                   dated      09.04.2026,         after     granting     an    effective
                   opportunity of hearing to the petitioner and by passing a
                   reasoned and speaking order within a time-bound
                   period;
                   (iv). For issuance of an appropriate writ, order or
                   direction in the nature of mandamus commanding the
                   respondents not to finalize the tender, issue letter of
                   acceptance, or execute and agreement pursuant to the
                   impugned tender, until the petitioner's claim for
                   technical qualification is adjudicated in accordance
                   with law;
                   (v). Further to stay the all further proceedings in
                   connection with the financial bid/finalization of the
                   tender for the work of widening and strengthening of
                   Mithanpura Chowk to Imli Chowk road in Km. 0.00 to
                   1.33 for the year 2025-26.”
          2.      At the outset, the learned counsel for the petitioner does

          not dispute the fact that the tender in question has already been

          awarded to some other bidder on 30.04.2026 and agreement has
         Patna High Court CWJC No.8171 of 2026(2) dt.25-06-2026
                                                     3/3




                   also been entered into between the parties on 8.5.2026, hence

                   the present writ petition has been rendered infructuous,

                   nonetheless it is submitted that the petitioner would be

                   participating in other bids.

                   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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