Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3172 of 2026 ====================================================== Shivam Kumar S/o- Chhathu Kumar Gupta, R/o- Samsthusathan Bihta, P.O and P.S- Bihta, District Patna, Director of Mantra Security Services Private Limited having its registered office at Pakri Gas Agency, Girija More, Chandwa, Ara, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Bhojpur at Arrah. 2.

The District Magistrate-cum-Chairman, District Transport Committee, Bhojpur at Arrah.

3.

The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, Patna-1. 4.

The Deputy General Manager (Administration), Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, Patna-1. 5.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, District- Bhojpur at Arrah.

6.

Pravin Ram Chandra Choudhary, R/o Village- Chandauli, Ward No. 14, P.ONifs, District- Samastipur, Pin- 848121. 7.

Kush Kumar Mishra, R/o- Village- Pariouna, P.O- Pariouna, P.S- Noorsarai, District- Nalanda, Bihar- 803113.

8.

Dilip Kumar Singh, S/o- Shri Baban Singh, R/o- Village- Staition Road, Near Jyoti Prakash Library, P.S- Buxar Muffasil, District- Buxar, Pin Code808101. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Ranjan, Advocate Ms. Manju Kumari, Advocate For the Respondent/s :

Mr.Shailendra Kumar Singh, Advocate Mr. Utkarsha Utpal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 11-03-2026 Heard learned counsel for the parties.

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

2/4 "i) For quashing of decision of District Transport committee Bhojpur at Arrah, as contained in Memo no. 42 dated 08.01.2026 issued under the signatures of members of the District Transport committee Bhojpur at Arrah headed by the District Magistrate-cum-chairman District transport committee Bhojpur at Arrah, whereby and where under the petitioner was declared as unsuccessful in a very arbitrary and illegal manner and respondent nos. 6-8 have erroneously, in most arbitrary and illegal manner have been declared qualified in the technical bid and accordingly financial bid were opened and without considering the complaint made by the petitioner and without considering the documents annexed and reply of the petitioner, petitioner was declared unsuccessful and respondent nos. 6 to 8 were declared successful, pursuant to NIT no. 1397 dated 09.09.2025 for "Selection and Empanelment of Transportation Cum Handling Contractor For Main Transportation of Food grains", for the District of Bhopur at Arrah.

ii). For directing and commanding the respondent authorities to produce the decisions of District Transport committee Bhojpur at Arrah, in which District Transport committee Bhojpur at Arrah have opened the financial bid of respondent nos. 68 and they were declared successful, before this Hon'ble court and quashing the same, in which respondent nos. 6-8 were erroneously declared successful in the financial bid and further for restraining the respondent authorities from entering

3/4 into agreement with respondent nos. 6-8 and for restraining and commanding the respondent authorities from issuance of any work order to respondent nos. 6-8 and if already issued for producing the same before this Hon'ble court and the same may be quashed.

iii). For directing and commanding the respondent authorities to consider the technical bid of the petitioner and after considering the same open the financial bid of the petitioner and to award work order in favor of the petitioner, as the petitioner possesses requisite criteria for grant of work and proceed further with the tender and get the agreement executed allow the petitioner to carry out the transportation work, for which petitioner possesses the requisite criteria as per NIT.

iv. For declaration that the decisions of the authorities as contained in memo no. 42 dated 08.01.2026 as totally baseless, illegal, arbitrary, discriminatory as against the petitioner, biased as against the petitioner, as well as colorable exercise of power by the respondent authorities.

v. For any other relief or reliefs for which the petitioner is entitled under law in the facts and circumstances of the present case."

3. Upon perusal of records, it is evident that the petitioner has already made a representation before the Respondent No. 3 (Annexure-P/5 to the writ petition), which is pending consideration.

4/4

4. Accordingly, the Respondent No. 3 is directed to consider the aforesaid representation made by the petitioner and decide the same within a period of four weeks from the date of receipt/production of a copy of this order, in accordance with law, after giving due opportunity of hearing to all the stakeholders.

5. With the aforesaid observation and direction, the present writ petition stands disposed of.

6. Interlocutory application(s), if any, shall also stand disposed of.

(Sudhir Singh, J) (Sunil Dutta Mishra, J) Sujit/- U