Chhotiya Construction Pvt. Ltd. Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18603 of 2025

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Chhotiya Construction Pvt. Ltd. having its registered office at East Gandhi Maidan, P.O.- Gandhi Maidan, Jehanabad, District- Jehanabad, Bihar through its Managing Director, Ashok Kumar, aged about 63 years, S/o- Raj Nandan Sharma, East Gandhi Maidan, P.O.- Gandhi Maidan, Jehanabad, DistrictJehanabad, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Minor Water Resources Department, Government of Bihar, Patna.

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The Chief Engineer, Minor Water Resources Department, Government of Bihar at Patna.

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The Superintendent Engineer- cum- Technical Secretary, Minor Water Resources Department, Patna.

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The Superintendent Engineer, Minor Irrigation Department Division, Gayaji.

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The Executive Engineer, Minor Irrigation Division, Gayaji.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Md. Nadim Seraj, Advocate Mr. Sourav Suman, Advocate Ms. Pragati Patra, Advocate Mr. Pranav Raj, Advocate For the Respondent/s : Mr. Government Pleader (5) Mr. Gyanendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and

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HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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3 05-02-2026 The present writ application has been filed for the

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following reliefs:

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“i. To issue appropriate writ(s)/ order(s)/ direction(s) in the nature of certiorari for quashing the decision of the Tender Committee dated 06.09.2025, whereby the Technical Bid of the

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Patna High Court CWJC No.18603 of 2025(3) dt.05-02-2026 2/4

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petitioner in respect of Notice Inviting Re-Tender No. SBD-4/2025-26 under the Minor Irrigation Department has been arbitrary and illegally rejected (Annexure-P/3).

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ii. Issue a writ in the nature of Mandamus directing the Respondents to evaluate the technical bid of the Petitioner in accordance with the tender conditions and consider the Petitioner for further participation in the tender process;

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iii. To issue appropriate writ(s)/ order(s)/ direction(s) in the nature of mandamus to consider the representation of the petitioner dated 09.09.2025 (Annexure-P/4).

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iv. To issue appropriate writ(s)/ order(s)direction(s) in the nature of Mandamus for a mandatory injunction commanding the concerned respondents to forthwith withdraw, rescind and/or cancel or put a stay until the disposal of the representation submitted by the petitioner.

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v. Pending final disposal of this writ petition, this Hon’ble Court may be pleased to direct the Respondents not to finalize the tender process under NIT No. SBD-4/2025-26 or issue work order to any other bidder (Annexure-P/2).

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vi. And for issuance of any other relief or relief(s) for which the petitioner is entitled for.”

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During the pendency of the present case, the petitioner was permitted to participate in the tender process vide order dated 17.10.2025. Subsequently, the Notice Inviting

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Patna High Court CWJC No.18603 of 2025(3) dt.05-02-2026 3/4

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Tender (NIT) itself was withdrawn by the Tender Committee vide decision dated 05.12.2025, on the following grounds:

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“ U;k; fu.kZ; esa foyEc gksus dh laHkkouk gS pwafd dk;Zdkjh ekSle izkjaHk gksus okyh gSa] ;kstuk dks bl dk;Zdkjh ekSle esa iw.kZ fd;s tkus dk y{; gSA fufonk esa ;g Hkh mYys[kuh; gS fd rduhdh “khV esa foxr ikap o’kksZa dh fooj.kh lgh vafdr ugha fd;k x;k gSA mi;qZDr ls Li’V gS fd lHkh laosndksa dks lkeku volj izkIr ugha gqvkA ”

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The sole question that arises for consideration before this Court is whether the aforesaid action on the part of the respondents in withdrawing the NIT is justified or not. The said question stands answered upon a plain reading of Clause 34 of the NIT, which reads as follows:

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“ 34. fcuk dkj.k crk;s ,oa fcuk iwoZ lwpuk ds iwjh fufonk vFkok blds fdlh [kkl va”k dks fdlh Hkh Lrj ij jí djus ,oa foLrkfjr rFkk fjLVksj djus dk vf/kdkj v|ksgLrk{kjh@l{ke inkf/kdkjh dks lqjf{kr gksxkA ”

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From perusal of the aforesaid clause, it is evident that the authority concerned had expressly reserved the right to recall/withdraw the tender. The exercise of such power by the Tender Committee, therefore, cannot be said to be arbitrary. The withdrawal of the earlier NIT is thus in consonance with the

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Patna High Court CWJC No.18603 of 2025(3) dt.05-02-2026 4/4

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conditions governing the tender itself.

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