Aanahat Construction Pvt Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4486 of 2025 ====================================================== Aanahat Construction Pvt Ltd. having its Registered Office at Ward No. 11, Near-Devi Mandir, New Area, P.S.- New Area (Town), District Aurangabad (Bihar)-824101, through its Director, Ramashray Kumar Singh, Male, aged about 62 Years, Son of Damodra Prasad Singh, Resident of Ward No.11, Near- Devi Mandir, New Area, P.S.- New Area (Town) District-Aurangabad (Bihar)-824101.

... ... Petitioner

Versus

1.

The State of Bihar, through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Engineer in Chief Additional Commissioner Cum Special Secretary, Rural Works Department, Government of Bihar, Patna. 3.

The Chief Engineer-2, (Gaya), Rural Works Department, Gaya, Bihar. 4.

The Nodal Officer, MR 304, Rural Works Department, Government of Bihar, Patna.

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

For the Petitioner :

Mr. Prabhat Ranjan, Advocate For the Respondents :

Mr. Government Pleader (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 05-05-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Following is the relief sought for in the present writ application:- "1(i) Quashing of the proceedings/ decision of the Re-Technical Bid Evaluation Committee dated 21.02.2025 as contained in Memo No.

422 corresponding to Notice Inviting Tender No. MR- 3054-06/2024-25 by which, during re-evaluation, the Technical Bid of the petitioner has been held to be non responsive

Patna High Court CWJC No.4486 of 2025(6) dt.05-05-2026 2/3 and thus disqualified for want of proper Annual Turn Over (ATO) as required under Clause 4.4 (a) of the SBD:

(ii) Direction upon the Respondents to consider and pass reasoned/speaking order on the objection filed by the petitioner on 23.02.2025 against the rejection of the Technical Bid; and (iii) Restraining the Respondents from proceeding further and finalizing the Tender process arising out of the Notice Inviting Tender No. MR-3054-06/2024-25 dated 05.11.2024 during the pendency of the present writ application and/or the without the leave of this Hon'ble Court."

3. The Technical Bid Committee vide its resolution dated 21.02.2025 (Annexure-P/3), had rejected the technical bid of the petitioner and sought for an explanation. The relevant part of the said resolution reads as follows:- "

इसनननवदामेभागलेनेवालेनननवदाकार आवशयकतानुसारतकनीकीबीडसनमनतकेननरयके नवरदअपनाअभयावेदन/ पनरवादसाकयएवंशपथ प= केसाथतकनीकीबीडकीकायरवाहीअपलोडहोने केपशचात्03 (तीन) कायरनदवसतकहीसमनपरतकर सकतेहै।03 (तीन) कायरनदवससमापतहोनेकेपशचात् नकसीप्रकारकेपनरवाद/ अभयावेदनपरनवचारनहीं नकयाजाएगा।"

4. In pursuance thereof, the petitioner submitted a representation dated 23.02.2025, which was received by the concerned authority on 24.02.2025. The said representation, filed in response to Annexure-P/3, is still pending consideration.

5. Considering the fact that the said representation is

Patna High Court CWJC No.4486 of 2025(6) dt.05-05-2026 3/3 still pending before respondent no. 2, respondent no. 2 is directed to consider and dispose of the same by passing an appropriate order, in accordance with law, preferably within a period of eight weeks from the date of receipt/ production of a copy of this order, after affording due opportunity of personal hearing to the petitioner.

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) (Shailendra Singh, J) U.K./-B.K.S.

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