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Patna High CourtCWJC/4071/2026disposed

P. Jyoti And Co., Charted Accountants v. The State Of Bihar

2026-03-24Mr. Justice Sudhir Singh,Mr. Justice Shailendra Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4071 of 2026 ====================================================== P. Jyoti and Co., Charted Accountants a Partnership firm , having its Regd. Office at 6/7, 1st Floor, Dukhan Ram Plaza, Exhibition Road, Patna through one of its Partners, Sri Paramjeet Singh Baghail, Aged about 36 years, Gender Male, Son of Subodh Singh, Resident of Ratanpur Gidhaur, Jamui, P.S.- Gidhaur, District- Jamui, Bihar - 811305.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna.

2.

Bihar State Building Construction Corporation Ltd. (BSBCCL), through its Managing Director, Government of Bihar, Patna - 800023. 3.

Bihar State Building Construction Corporation Ltd. (BSBCCL) through its Chief General Manager, Government of Bihar, Patna - 800023. 4.

Bihar State Building Construction Corporation Ltd. (BSBCCL) through its General Manager (Finance), Government of Bihar, Patna - 800023. 5.

Bihar State Building Construction Corporation Ltd. (BSBCCL) through its General Manager, Government of Bihar, Patna - 800023. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigank Mauli, Sr. Advocate Mr. Vishal Kumar, Advocate Mr. Amit Anand, Advocate Ms. Jaya Sonam, Advocate Ms. Somya Kumari, Advocate For the BSBCCL :

Mr. Kumar Abhimanyu, Advocate Ms. Rushali, Advocate Ms. Sakshi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 24-03-2026 Following is the relief sought for in the present writ application:- "i. For issuance of an appropriate writ, order, or direction for quashing and setting aside the Short Term Tender Notice No. 76/2025-26 dated

2/4 25.02.2026 along with the Request for Proposal (RFP) issued by the Respondent Bihar State Building Construction Corporation Limited (BSBCCL)inviting Expression of Interest from Chartered Accountant firms for accounting, taxation and financial compliance related services, being arbitrary, discriminatory, mala fide and violative of Articles 14 and 19(1)(g) of the Constitution of India; ii. For issuance of an appropriate writ, order, or direction staying the operation, implementation and further proceedings pursuant to the aforesaid Short Term Tender Notice No. 76/2025-26 dated 25.02.2026, including the opening of bids and selection of any firm, during the pendency of the present writ petition;

iii. In the alternative, and without prejudice to the above, issue an appropriate writ, order or direction quashing Clause 1(xiv) of the Eligibility Criteria contained in the impugned tender, which mandates that any Chartered Accountant firm that has previously worked with BSBCCL must submit a performance certificate issued by BSBCCL prior to the date of publication of the tender, the said condition being arbitrary, discriminatory and violative of Article 14 of the Constitution of India;

iv. Issue an appropriate writ, order or direction directing the Respondents to issue a fresh tender or suitably modify the impugned tender conditions in a fair, transparent and nondiscriminatory manner so as to ensure equal opportunity to all eligible Chartered Accountant firms including the Petitioner: AND/OR v. For grant of such other relief's as this Hon'ble Court may deem fir and proper in the facts

3/4 and circumstances of the present case."

2. Learned counsel appearing on behalf of Respondents submits that a corrigendum dated 17.03.2026 has already been issued, which is reproduced hereinbelow:- "Bihar State Building Construction Corporation Ltd. Bihar, Patna CORRIGENDUM Short Tender Notice No. 76/2025-26 Dated 25-02-2026 PR No. 025261 (B&C) 2025-26 In view of the typing error, clause B(1)(xiv) of RFP, the sentence "any CA firm who has worked or working with BSBCCL shall be required to submit to latest performance certificate issued by BSBCCL on or before the date of publishing of this tender" is being substituted by "any CA firm who has worked or working with BSBCCL shall be required to submit satisfactory performance certificate issued by BSBCCL."

Therefore, last date of submission of bid and bid opening date is being revised accordingly as under:

Revised date of purchase of tender document:- 19-03-2026 & 20-03-2026 Last date of submission of bid:- 25-03-2026, 11:00 AM Bid opening date:- 25-03-2026, 03:00 PM Those bidders, who have already purchased tender document need not to purchase it again. sd/- General Manager (Admin)

4/4 Bihar State Building Construction Corporation Ltd. Bihar, Patna"

3. In light of the aforesaid corrigendum, it appears that the grievance raised in the present writ applications stands redressed and, therefore, no further order is required to be passed in the present matter.

4. Accordingly, the present writ application stands disposed of in terms of the corrigendum brought on record.

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

(Sudhir Singh, J) (Shailendra Singh, J) Sachin/- U