M/S. A.M. Infratech v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2506 of 2026 ====================================================== M/s. A.M. Infratech, Ward No. 07, Murligarhi, Renukoot, Turra Pipari, Sonbhadra, P.S. Renukoot, District- Sonbhadra, Uttar Pradesh-231221 through its Power of Attorney Holder namely Vijay Vats, aged about 31 years, Male, son of Ranjit Kumar, Resident of village- Bakhtiyarpur, Kalyanpur, P.S. Chak Mehsi, District- Samastipur, Bihar.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Road Construction Department, Government of Bihar, Patna.

2.

The Secretary, Road Construction Department, Bihar, Patna. 3.

The Engineer-in-Chief-cum-Additional Commissioner-Special Secretary (Works Management), Road Construction Department, Bihar, Patna. 4.

The Chief Engineer, North, Road Construction Department, Bihar, Patna. 5.

The Superintending Engineer, Bettiah Road Circle, Bettiah. 6.

The Executive Engineer, Road Construction Department, Road Division, Bettiah.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the Respondents :

Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 18-02-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The following reliefs have been sought for by the petitioner in the present writ application:

"1 (i) For issuance of an appropriate writ/s,

2/4 order/s, direction/s to the respondents to open the financial bid of the petitioner with regard to NIT No. RCD/BTH/06/2025-26 which was issued for construction of widening and strengthening work of Bagha Semra Road from Ch. 0.00 to 14.00 (Total Length 14.00 K.M.) including 1 Nos.

(2x16m) H.L. Bridge under Road Division, Bettiah for the year 2025-26 in which the petitioner was declared successful in technical bid as per decision of technical bid evaluation committee dated 27.09.2025 contained in Memo No. 3142.

(ii) For issuance of an appropriate writ/s, order/s, direction/s to the respondents for quashing Memo No. 513(E) dated 21.01.2026 whereby and whereunder the Departmental Tender Committee has reappraised the technical bid evaluation held on 27.09.2025 disqualified the petitioner on the complaint M/S. Ujjain Engicon India Private Limited without looking into and dealing with show cause filed by the petitioner, and further direction not to disqualify the petitioner in re-evaluation of technical bid on the complaint filed by another contractor namely M/S. Ujjain Engicon India Private Limited dated 29.09.2025.

(iii) For issuance of an appropriate writ/s,

3/4 order/s, direction/s to the respondents not to open financial bid of NIT No.

RCD/BTH/06/2025-26 during pendency of the writ petition and if the financial bid would be opened, the work order and/or agreement may not be executed in favour of the L-1 since the petitioner is having lowest rate quoted in the document for this Bid."

3. Learned counsel for the petitioner submits that the petitioner has filed a representation before respondent no. 2, namely the Secretary, Road Construction Department, Bihar, Patna, vide Annexure-P/7 dated 23.01.2026, seeking redressal of his grievance.

4. Considering the aforesaid submission, respondent no. 2, namely the Secretary, Road Construction Department, Government of Bihar, Patna, is directed to consider and dispose of the said representation by passing an appropriate order in accordance with law, after giving due opportunity of hearing to all the stakeholders, within a period of ten days from the date of receipt/production of a copy of this order.

5. It is directed that no final decision shall be taken in respect of the NIT in question until the petitioner's representation is considered and disposed of.

4/4

6. With the aforesaid observation and direction, the present writ application stands disposed of.

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

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