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Patna High Court

New Hope AAS Construction Pvt. Ltd.,versusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ application was dismissed as infructuous because the agreement had already been executed.

Summary

New Hope AAS Construction Pvt. Ltd. filed a writ petition challenging the disqualification of its technical bid by the Technical Bid Evaluation Committee and seeking certiorari and mandamus to declare its bid responsive. The petition also contested a clause requiring experience certificates contrary to departmental policy. The State of Bihar contended that a Letter of Acceptance had already been issued to respondent No. 8 and an agreement executed on 2 January 2026. The court held that, since the agreement had been executed, the writ petition had become infructuous. Consequently, the petition was dismissed, with the court directing the petitioner to pursue any other available legal remedies.

Issues considered

  • Whether the Technical Bid Evaluation Committee's decision to disqualify the petitioner’s technical bid can be quashed by a writ of certiorari.
  • Whether a writ of mandamus can be issued directing the authorities to declare the petitioner’s bid as responsive.
  • Whether the writ petition remains maintainable after the execution of the agreement and issuance of the Letter of Acceptance.
  • Whether the petitioner has any other legal remedy in view of the executed agreement.

Subjects

  • technical bid disqualification
  • certiorari
  • mandamus
  • writ jurisdiction
  • contract execution
  • infructuous petition
  • public procurement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8841 of 2025
                 ======================================================
                 New Hope AAS Construction Pvt. Ltd., having its registered office at- Flat
                 No.- 101, Sai Narayan Apartment, Opposite Piler No.- 59, Khagaul Rupaspur
                 Road, Hardaspura, Khagaul, Patna Bihar- 801503. Represented through its
                 director Nigam Bhardwaj (Male), S/o- Late Ram Keshari Prasad Singh, aged
                 about 51 years, resident of Flat No.- 101, Sai Narayan Apartment, Opposite
                 Piler No.- 59, Khagaul Rupaspur Road, Hardaspura, P.S.- Khagaul, Dist-
                 Patna, Bihar- 801503.

                                                                          ... ... Petitioner
                                                  Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Old
                 Secretariat, Patna.
           2.    The Principal Secretary, Planning        and    Development    Department,
                 Government of Bihar, Patna.
           3.    Chief Engineer, Planning and Development Department, Government of
                 Bihar, Vishweswaraiya Bhawan, Bailey Road, Patna.
           4.    The Superintending Engineer, Local Regional Engineering Organization,
                 Work Circle- Gaya.
           5.    The Executive Engineer, Engineer,           Local   Regional   Engineering
                 Organization, Work Division-1 Nawada.
           6.    Technical Bid Committee, through its Chairman-cum-Superintending
                 Engineer, Local Regional Engineering Organization, Work Circle- Gaya.
           7.    Mukesh Kumar Fathers name not known, having its address at Vill- Samai,
                 Post- Orahanpur, P.S- Mufassil, Dist- Nawada, Bihar.
           8.    Suryamani Father name not known, having its address at New Area, P.S-
                 Nawada, Dist- Nawada, Bihar.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioners          : Mr. Dhananjay Kumar, Advocate
                 For the State                : Mr. Advocate General
                 For the Respondent Nos. 7 & 8: Mr. Pranoy Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

6   23-02-2026                Heard learned counsel for the petitioner and learned

                   counsel for the respondents.
Patna High Court CWJC No.8841 of 2025(6) dt.23-02-2026
                                            2/4




                      2. The following reliefs have been sought for by the

          petitioner in the present writ application:

                                  “1(i) That an appropriate writ/s in the
                                  nature of Certiorari be issued to quash the
                                  decisions of the Technical Bid Evaluation
                                  Committee contained in Memo No. 125
                                  dated 31/01/2025 (Annexure-P/9) whereby
                                  and whereunder, technical bid of the
                                  petitioner has been declared disqualified.
                                  (ii) That, an appropriate writ/s in the nature
                                  of Certiorari to quash the subsequent
                                  decision of the Technical Bid Evaluation
                                  Committee dated 11/03/2025, contained in
                                  Memo No. 643 dated 11/03/2025, (Annexure-
                                  P/11), whereby an objection filed by the
                                  petitioner has been rejected by the Technical
                                  Bid Evaluation Committee and affirmed its
                                  earlier     decision   of   disqualifying    the
                                  petitioner from Technical Bid and decided to
                                  open Financial Bid.
                                  (iii) That an appropriate writ/s in the nature
                                  of     Mandamus;       directing    respondent
                                  authorities to declare the petitioner’s bid as
                                  responsive, considering the facts placed
                                  before the respondent authorities, by the
                                  petitioner; through his representation dated
                                  08/01/2025 as well as objection/complaint
                                  dated 09/02/2025.
                                  (iv) That for proper declaration that, clause
Patna High Court CWJC No.8841 of 2025(6) dt.23-02-2026
                                            3/4




                                  21(xiii) of the Notice Inviting Tender
                                  (hereinafter referred as NIT) speaks about
                                  the experience certificate, which is contrary
                                  to the policy decision of the Works
                                  Department of the Government, in order to
                                  facilitate the newly registered contractor,
                                  enabling them to participate in tender
                                  amounting to rupees upto 50 lakhs, without
                                  any experience certificate and for that a
                                  guidelines have been issued.
                                  (v) That an appropriate writ/s, order/s,
                                  direction/s in the nature of Mandamus;
                                  directing respondent authorities, to make a
                                  detailed enquiry on the issue raised by the
                                  petitioner, with regard to two responsive
                                  technical bids, as the decision of the
                                  Technical Bid Committee dated 11/03/2025
                                  (Annexure-P/11) is completely silent not only
                                  in present matter but tender of different
                                  groups and surprisingly only two bids of all
                                  the tenders are declared responsive.
                                  (vi) That any other relief/s for that petitioner
                                  is found entitled in law be granted to him.
                                  (vii) For quashing the decision of financial
                                  bid opened and decided with respect to
                                  Tender Reference No. NIT-03/2024-25/E-
                                  Tender/LAEO/WDGH No. 12”


                         3. The agreement dated 02.01.2026 shall be marked
         Patna High Court CWJC No.8841 of 2025(6) dt.23-02-2026
                                                     4/4




                   as ‘X’ and made part of the record.

                                  4. Learned counsel for the respondents-State

                   submits that the LOA has already been issued in favour of

                   respondent no. 8 on 12.07.2025 and, pursuant thereto, an

                   agreement has been executed on 02.01.2026.

                                  5. Considering the fact that the agreement has

                   already been executed, the present writ application stands

                   dismissed as having become infructuous.

                                  6. The petitioner shall be at liberty to avail such

                   other legal remedies as may be available to him.

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

                   disposed of.




                                                      (Sudhir Singh, J)



                                               ( Rajesh Kumar Verma, J)
U.K./-
U


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