Disposed¶30

Jitendra Kumar Ojha v. The State of Bihar

Patna HC1 Sept 2025CWJC/5554/2025

Case brief

AI extract

What is this about?

Locus standi of unsuccessful tender participant - writ seeking termination of contract awarded to private Respondent, recovery of revenue loss, blacklisting and action against District Magistrate - held unmaintainable for want of locus; Patna HC CWJC 5554/2025 (01-09-2025); Bench: P. B. Bajanthri ACJ (author) with Alok Kumar Sinha J; no statute or precedent invoked; petition disposed of as not maintainable.

What did the court decide?

The petitioner, being an unsuccessful/non-qualified participant in the tender seeking to agitate against the successful bidder (Respondent No. 5), has no locus standi to assail the award of the contract or to seek the reliefs prayed for against Respondent No. 5. ¶29

Jitendra Kumar Ojha Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5554 of 2025

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Jitendra Kumar Ojha, Male, Son of Brijkishore Ojha Resident of VillageSagar Pokhra Bettiah P.S.-Nagar Bettiah, District-West Champarna, Bettiah.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The District Officer-Cum-District Election Officer, West Champaran, Bettiah.

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The Under Secretary, Department of General Administration, Govt. of Bihar, Patna.

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The District Magistrate, West Champaran, Bettiah

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Amar Kishore Patel Son of Rajendra Prasad, Amar Proprietor, Amar Catering, Resident of Bhagwati Nagar, P.S.-Bettiah Nagar, District-West Champaran, Bettiah.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Digvijay Kumar Ojha Mr. Kamal Kishore Sinha For the Respondent/s : Government Pleader 7

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====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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3 01-09-2025

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In the instant writ petition, petitioner has prayed for

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the following reliefs :

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“(i) For issuance of writ in the nature of mandamus directing the Respondent No. 4 to terminate the contract awarded to Respondent No. 5 holding it illegal as various mandatory conditions were violated as appearing in published tender.

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(ii) To initiate process of recovery of loss of revenue which resulted in awarding of contract to Respondent No. 5 and by making him part payment for the work done.

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(iii) To initiate legal action against Respondent No. 5 who has preseted wrong

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Patna High Court CWJC No.5554 of 2025(3) dt.01-09-2025 2/2

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fact while submitting tender document.

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(iv) To hold and declare respondent no. 5 as incompetent and blacklist him so that he could not take part in any future Govt. Tender process.

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(v) To initiate legal action against Respondent No. 4 who acted in collusion with respondent No. 5 in awarding tender in his favour and didn’t take any action against respondent no. 5 inspite of violation of contract norms issue raised by the petitioner.

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(vi) For issuance of any other appropriate writ/ writs, order/ orders, direction/ directions in the facts and circumstances of the case.”

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2. Petitioner is one of the participants in the subject matter of tender and other consequential process, in which he was not qualified, resultantly, he wanted to agitate against the successful bidder like respondent No. 5 and on certain alleged allegations that he was not fulfilling certain conditions and other things. The petitioner has no locus insofar as assailing or seeking the aforementioned relief against 5^th respondent.

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3. Accordingly, present writ petition stands disposed of as not maintainable.

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(P. B. Bajanthri, ACJ)

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(Alok Kumar Sinha, J)

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GAURAV S./- U

Jitendra Kumar Ojha v. The State of Bihar

Case brief

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Jitendra Kumar Ojha v. The State of Bihar

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