Patna High Court
Laxman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that it would not interfere with the tendering process but allowed the petitioner to agitate any grievance arising from the tender in accordance with law.
Summary
The petitioner, Laxman Kumar, filed a writ petition challenging the issuance of Notice Inviting Tender (NIT) No.547 dated 22.05.2026 by the District Manager of Bihar Food & Civil Supply Corporation, alleging that it was issued without complying with the conditions of Letter No.315 dated 01.04.2026, which required amendment of the Transportation Policy, 2025 before any tender could be floated. The petitioner argued that the earlier NIT dated 19.03.2026 had been stopped pending the policy amendment, and that proceeding with the new tender would expose contractors to loss if it were later cancelled. The Court examined whether the respondents had acted ultra vires by ignoring the stipulated amendment requirement and whether the petitioner was entitled to relief in the form of setting aside the tender. While the Court declined to intervene directly in the tendering process, it granted the petitioner liberty to raise grievances if any adverse consequences arise from the tender. Consequently, the writ petition was disposed of without granting the specific reliefs sought.
Issues considered
- Whether the issuance of NIT No.547 without amendment of the Transportation Policy, 2025 violates the procedural condition imposed by Letter No.315 dated 01.04.2026.
- Whether the petitioner is entitled to a writ directing the cancellation of the tender and issuance of a fresh tender after policy amendment.
Subjects
- tendering
- procurement
- administrative law
- writ petition
- policy amendment
- public procurement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8609 of 2026
======================================================
Laxman Kumar son of Binde Raut, resident of Village - Chakwai, P.S.
Warisaliganj, District Nawada (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through The Secretary, Food and Consumer Protection
Department, Government of Bihar, Patna.
2. The Managing Director, Bihar State Food and Civil Supply Corporation,
Government Of Bihar, Kendriya Bhawan, Daroga Prasad Ray Path, Road
No.2, 'R' Block, Patna - 800001.
3. The District Supply Officer, Nawada.
4. District Magistate, Nawada.
5. The District Manager, Bihar State Food and Civil Supply Corporation
Limited, District - Nawada.
6. The In-Charge District Manager, Food and Civil Supply Corporation,
Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kr. Chaudhary, Sr. Advocate
Mr.Uday Kumar, Advocate
For the State : Addl. Advocate General (04)
For the BSFC : Mr. Shailendra Kr. Singh, Advocate
======================================================
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 by the petitioner
seeking the following reliefs:-
“1. I. For setting aside the Notice Inviting Tender No.547
dated 22.05.2026 issued by the District Manager, Bihar
Food & Civil Supply Corporation Limited, Nawada which
has been issued without following the condition of Letter
No.315 dated 01.04.2026 issued by the In-charge District
Manager, Food & Civil Supply Corporation, Nawada by
Patna High Court CWJC No.8609 of 2026(2) dt.25-06-2026
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which NIT No.267 dated 19.03.2026 has been stopped
awaiting for Amendment in Transportation Policy, 2025.
II. For directing the Respondents to issue fresh Tender
after amendment of Transportation Police, 2025 and
cancel the NIT No.547 dated 22.05.2026 issued by the
District Manager, Bihar Food & Civil Supply Corporation
Limited, Nawada.
III. For directing the Respondent Authorities to act in the
light of Letter No.315 dated 01.04.2026 so that the
petitioner alongwith other Contractors may participate in
the fresh Tender after amendment of Transportation
Policy.”
2. At the outset, the Ld. Senior Counsel for the petitioner
submits that the earlier tender was directed not to be published
on 19.03.2026 on account of the need on the part of the
respondents to amend the terms and conditions of the NIT in
accordance with the Transportation Policy, 2025, nonetheless
they have floated fresh notice inviting tender for selection and
empanelment of Contractors for door step delivery
transportation of foodgrains on 22.05.2026 without any
amendment, hence the petitioner apprehends that in case he
participates in the said tender and submits bid security amount,
he would be put to loss if the same is again cancelled. Thus, it
is submitted that this aspect of the matter be considered by this
Court and some protection be granted.
3. Having regard to the facts and circumstances of the case,
Patna High Court CWJC No.8609 of 2026(2) dt.25-06-2026
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though we do not intend to interfere with the process of tender
at the moment, however we grant liberty to the petitioner to
agitate his grievances in accordance with law in case of
adversity arising in connection with the aforesaid NIT dated
22.05.2026.
4. Accordingly, the present writ petition stands disposed of
on the aforesaid terms.
(Mohit Kumar Shah, J)
(Raj Kumar, J)
S.Sb/-
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