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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