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Mahendra Kumar Tiwary v. The State of Bihar

Patna HC28 Jan 2026CWJC/16267/2025

Case brief

AI extract

What is this about?

Patna High Court, CWJC No.16267 of 2025, decided 28-01-2026 (Sudhir Singh, J.; Ritesh Kumar, J.). Keywords: tender; bid rejection; technical committee; BUIDCo; Bhagalpur; Rural Work Department; Municipal Corporation Bhagalpur; incomplete supporting document; respondent no.12 selected; tender process finalised; agreement executed; third-party rights accrued; infructuous; disposal without merits adjudication. Relevant when researching disposal of tender disputes on account of accrued third-party rights following execution of contract.

What did the court decide?

In view of the submissions advanced on behalf of BUIDCO, no further order was required to be passed in the writ petition, as the matter had become infructuous; accordingly the writ petition was disposed of without adjudicating the challenge on merits. ¶31

Mahendra Kumar Tiwary Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16267 of 2025

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Mahendra Kumar Tiwary S/o Late Ram Sumer Tiwary, R/o Village- Raghukul Padmalay Sharad Chand Path Mashakchak, P.S. - Jogsar, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Rural Work Department Govt. of Bihar, Patna.

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The Principal Secretary, Rural Work Department, Government of Bihar, Patna.

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The Managing Director, Bihar Urban Infrastructure Development Corporation Limited (BUIDCo), Govt. of Bihar, Patna.

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The Director, Bihar Urban Infrastructure Development Corporation Limited (BUIDCo), Govt. of Bihar, Patna.

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The Chief General Manager, South Bihar Area, Bihar Urban Infrastructure Development Corporation (BUIDCo), Patna.

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The General Manager, South Bihar Area, Bihar Urban Infrastructure Development Corporation (BUIDCo), Patna.

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The Project Director, Bihar Urban Infrastructure Development Corporation (BUIDCo), Bhagalpur.

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The Deputy Director, Bihar Urban Infrastructure Development Corporation (BUIDCo), Bhagalpur.

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The Municipal Commissioner, Municipal Corporation, Bhagalpur.

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The Executive Officer, Municipal Corporation, Bhagalpur.

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Kunal Kumar, S/o Om Prakash Sah, R/o village - Warshaliganj, P.S.Babargabj District- Bhagalpur.

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Brajesh Kumar Sah, S/o Baleshwar Prasad Sah, R/o village- Shailbag Colony, Aliganj, P.S.- Babarganj, District - Bhagalpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Murari Mishra, Advocate For the State : Mr. Standing Counsel (11) For the BUIDCO : Mr. Rabindra Kumar Priyadarshi, Advocate For the B.M.C. : Mr. Kumar Abhimanyu Pratap, Advocate : Ms. Sushali, Advocate : Ms. Sakshi Singh, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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Patna High Court CWJC No.16267 of 2025(2) dt.28-01-2026 2/3

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2 28-01-2026 Heard learned counsels for the parties.

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The present writ petition has been filed for the

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following reliefs:-

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"I. For setting aside that part of the decision of the technical committee of Bihar Urban Infrastructure Development Corporation Limited (hereinafter called as BUIDCo) dated 17.6.2025 by which the bid of the petitioner has been rejected in mechanical manner and respondent no.12 has been selected ignoring the fact that his supporting document was incomplete.

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II. For direction to the respondent concerned to cancel the intended bid of the respondent no.12 and after cancellation, verify the documents of all the bidders carefully and give tender to one of the eligible person for the said work."

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Mr. Rabindra Kumar Priyadarshi, learned counsel

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for the respondent–BUIDCO, on instructions received from the Manager (Legal), BUIDCO, submits that the tender process has already been finalised in favour of respondent no.12 and that the agreement pursuant thereto has also been executed. It is further submitted that, as a consequence thereof, third party rights have already accrued.

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Patna High Court CWJC No.16267 of 2025(2) dt.28-01-2026 3/3

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In view of the submissions advanced on behalf of the BUIDCO, we are of the considered view that no further order is required to be passed in the present writ petition, as the matter has become infructuous.

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