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Gyanendra Pratap Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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Patna HC
2026
Gyanendra Pratap Singh Vs The State of BiharGyanendra Pratap Singh v. The State of Bihar

Disposed¶32

Gyanendra Pratap Singh v. The State of Bihar

Public interest litigation – maintainability

Patna HC2 Apr 2026CWJC/2932/2026

Case brief

AI extract

What is this about?

Patna High Court (CWJC No.2932 of 2026, decided 02-04-2026; oral order per Chief Justice Sangam Kumar Sahoo, with Justice Harish Kumar) disposed of a public interest litigation challenging the BSFCSC Siwan transportation-cum-handling contractor tender (NIT tender no-439 dated 17-02-2024) whose award to respondent no. 9 Anand Abhishek Singh (memo no1290 dated 23-07-2024) was alleged to rest on a wrong and misleading affidavit violating NIT terms, with an Article 21-based plea for an independent inquiry into food-grain transportation. Held: PIL not maintainable because the petitioner was neither the tenderer nor anyhow affected; liberty left to pursue the grievance before the appropriate forum. Keywords: PIL maintainability, certiorari, NIT violation, food grains transportation, Bihar State Food & Civil Supply Corporation, Siwan.

What did the court decide?

None - the PIL was held not maintainable and the writ petition stands disposed of, with liberty to the petitioner to agitate any remaining grievance before the appropriate forum.

Why is it important?

The grievance raised by the petitioner smacks of private litigation: he was neither the tenderer nor anyhow affected. ¶29

What the court decided

AI extract

Outcome

None - the PIL was held not maintainable and the writ petition stands disposed of, with liberty to the petitioner to agitate any remaining grievance before the appropriate forum.

Issue for consideration

Maintainability of the writ petition filed in the nature of public interest litigation seeking certiorari against the tender award to Respondent No.-09, an independent inquiry into the tendering process, and compliance with the NIT terms. +1 more

Court's answer

The grievance raised by the petitioner smacks of private litigation: he was neither the tenderer nor anyhow affected.

Ratio / Principle

The public interest litigation is not maintainable; if the petitioner still has any grievance, he may agitate the matter before the appropriate forum.

Detailed headnote1 paragraphs

Public interest litigation - maintainability - writ petition under CWJC No.2932 of 2026 (Patna High Court, decided 02-04-2026, per the Chief Justice) sought certiorari to quash the tender awarded to respondent No. 9 (memo no1290 dated 23-07-2024, annexure-5) under BSFCSC, Siwan tender no-439 dated 17-02-2024 for Transportation cum Handling Contractor for main transportation of food grains, on the ground that the successful bidder had submitted a wrong and misleading affidavit violating NIT terms, and further prayed for an independent inquiry into the tendering process invoking Article 21 of the Constitution of India - the court found the grievance smacked of private litigation, the petitioner being neither the tenderer nor anyhow affected, held the PIL not maintainable, and disposed of the writ petition while leaving the petitioner liberty to agitate the matter before the appropriate forum. Judgment authored by the Chief Justice; bench also comprised Justice Harish Kumar. No precedent cited; no quantum involved.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2932 of 2026

======================================================

Gyanendra Pratap Singh Son of Kameshwar Singh, Resident of VillageNarendrapur, P.S.- Aandar, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar Bihar, District- Patna.

The Principal Secretary, Deptt. of Food and Consumer Protection, Govt. of Bihar, District- Patna.

The Managing Director, Bihar State Food and Civil Supply Corporation Ltd.

The District Magistrate cum Chairman, District Transport Committee, Siwan.

The Deputy Development Commissioner cum Vice Chairman, District Transport Committee, Siwan.

The Senior Additional Collector cum Member, District Transport Committee, Siwan.

The District Transport Officer cum Member, District Transport Committee, Siwan.

The District Manager cum Member Secretary, District Transport Committee, Siwan.

Anand Abhishek Singh, Son of Prakash Singh, Resident of VillageRamdauli, P.O.- Bidupur, P.S.- Bidupur, District- Vaishali.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Respondent/s : Mr. Additional Advocate General (4) For the BSFC : Mr. Niraj Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

2 02-04-2026 This writ petition in the nature of public interest

litigation has been filed seeking following reliefs :-

(i.) To issue a writ of certiorari setting

Patna High Court CWJC No.2932 of 2026(2) dt.02-04-2026

2/3

aside the tender awarded to Respondent No.-09 (vide memo no1290 dated 23-07-2024 contained in annexure-5), who participated with others in the Bihar State Food & Civil Supply Corporation Limited (BSFCSC) tendering process, Siwan, published vide tender no- 439 dated 17-02-2024, for selection and Empanelment of Transportation cum Handling Contractor for main transportation of Food Grains, Respondent No-9 was declared successful in the tendering process, despite submitting a wrong and misleading affidavit, which violates the terms specified in the notice inviting tender (NIT).

(ii.) To set up an independent inquiry into the unfair/ arbitrary tendering process in respect of transportation of food grains that ultimately affects the fundamental right to life of the needy citizens, guaranteed under Article 21 of the Constitution of India.

(iii.) To direct the tendering authorities to follow the specified terms of the NIT.

(iv.) To other relief/reliefs whether the petitioner may be found entitled in facts and circumstances of the case.

After going through the nature of prayer made in

the writ petition, we are of the view that the grievance raised by the petitioner smacks of private litigation and he was neither the

Patna High Court CWJC No.2932 of 2026(2) dt.02-04-2026 3/3

tenderer nor anyhow affected. However, still he has any grievance, he may agitate the matter before the appropriate forum, but the public interest litigation is not maintainable.

Accordingly the writ petition stands disposed off.

(Sangam Kumar Sahoo, CJ)

(Harish Kumar, J)

supratim/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Maintainability of the writ petition filed in the nature of public interest litigation seeking certiorari against the tender award to Respondent No.-09, an independent inquiry into the tendering process, and compliance with the NIT terms.¶19
The court held
The grievance raised by the petitioner smacks of private litigation: he was neither the tenderer nor anyhow affected.ratio¶29
2.
Substantive grievance raised but not adjudicated: whether the award of the BSFCSC Siwan transportation-cum-handling tender to Respondent No.-09, who had allegedly submitted a wrong and misleading affidavit violating the terms of the notice inviting tender, was valid.¶24

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 21¶25

Procedural history

How this case reached the court

AI extract

Order under challenge
Tender award made to Respondent No.-09 (Anand Abhishek Singh) vide memo no1290 dated 23-07-2024 (annexure-5) in the BSFCSC Siwan tendering process under tender no- 439 dated 17-02-2024 for selection and empanelment of Transportation cum Handling Contractor for main transportation of food grains; challenged through prayer (i) seeking a writ of certiorari to set aside the award as the successful bidder had allegedly submitted a wrong and misleading affidavit violating NIT terms.¶24
Bihar State Food & Civil Supply Corporation Limited (BSFCSC) tendering process, Siwan · 23-07-2024
Prior proceeding
Notice inviting tender published vide tender no- 439 dated 17-02-2024 by the Bihar State Food & Civil Supply Corporation Limited, Siwan, for selection and empanelment of Transportation cum Handling Contractor for main transportation of food grains, in which Respondent No.-09 was declared successful.¶24

Parties & counsel

AI extract

petitioner
Gyanendra Pratap Singh Son of Kameshwar Singh, Resident of VillageNarendrapur, P.S.- Aandar, District- Siwan¶4
Binod Kumar Singh
respondent
The State of Bihar Bihar, District- Patna¶7
Additional Advocate General (4)
respondent
The Principal Secretary, Deptt. of Food and Consumer Protection, Govt. of Bihar, District- Patna¶8
respondent
The Managing Director, Bihar State Food and Civil Supply Corporation Ltd.¶9
Niraj Kumar
respondent
The District Magistrate cum Chairman, District Transport Committee, Siwan¶10
respondent
The Deputy Development Commissioner cum Vice Chairman, District Transport Committee, Siwan¶11
respondent
The Senior Additional Collector cum Member, District Transport Committee, Siwan¶12
respondent
The District Transport Officer cum Member, District Transport Committee, Siwan¶13
respondent
The District Manager cum Member Secretary, District Transport Committee, Siwan¶14
respondent
Anand Abhishek Singh, Son of Prakash Singh, Resident of VillageRamdauli, P.O.- Bidupur, P.S.- Bidupur, District- Vaishali¶15

Coram

AI extract

Sangam Kumar Sahooauthor¶33
Harish Kumarmember¶17

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 2 Apr 2026 · April
Registered: 19 Feb 2026
Case no.: CWJC/2932/2026
CNR: BRHC010115962026
Bench: Harish Kumar
Disposal: DISPOSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Gyanendra Pratap Singh v. The State of Bihar, CWJC/2932/2026 (PAT), decided on 2 April 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 21

View all statutes

Procedural history2

Tender award made to Respondent No.-09 (Anand Abhishek Singh) vide memo no1290 dated 23-07-2024 (annexure-5) in the BSFCSC Siwan tendering process under tender no- 439 dated 17-02-2024 for selection and empanelment of Transportation cum Handling Contractor for main transportation of food grains; challenged through prayer (i) seeking a writ of certiorari to set aside the award as the successful bidder had allegedly submitted a wrong and misleading affidavit violating NIT terms.Bihar State Food & Civil Supply Corporation Limited (BSFCSC) tendering process, Siwan · 23-07-2024
Notice inviting tender published vide tender no- 439 dated 17-02-2024 by the Bihar State Food & Civil Supply Corporation Limited, Siwan, for selection and empanelment of Transportation cum Handling Contractor for main transportation of food grains, in which Respondent No.-09 was declared successful.

View full history

Bench / Coram

Sangam Kumar Sahoo and Harish Kumar

Parties & counsel