Santoshi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9190 of 2025 ====================================================== Santoshi Singh Daughter of Harendra Singh, Resident of Village- Baijalpur Fakir, P.S. Sonepur, District- Saran (Bihar). ... ... Petitioner

Versus

1.

The State of Bihar Bihar.

2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Additional Chief Secretary, Rural Works Department, Government of Bihar.

4.

The Engineer-in-Chief-cum-Additional Collector-cum-Special Secretary, Rural Works Department, Government of Bihar, Patna. 5.

The Superintending Engineer, Chapra Rural Works Department, Chapra. 6.

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

7.

The Secretary (Technical) to Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

8.

The Chief Engineer-I (Patna), Rural Works Department, Government of Bihar, Patna.

9.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

10.

The Executive Engineer, Rural Works Department, Works Division, Chapra2, Chapra. 11.

The Director General of Police, Bihar, Patna. 12.

The Director General, Department of Vigilance, Government of Bihar, Patna.

13.

The Additional Director General, Department of Vigilance, Government of Bihar, Patna.

14.

The Director General, Central Bureau of Investigation, 5B, CGO Complex, Lodhi Road, New Delhi-110003.

15.

The Superintendent of Police, Special Crime Branch, Central Bureau of Investigation, Patna, Bihar.

16.

Narsingh Singh Son of Late Brahma Singh, Resident of Mohalla- Saketpuri, Road No.1, Hanuman Nagar, Kankarbagh, P.S. Patrakar Nagar, Town and District- Patna.

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

For the Petitioner :

Mr. Amit Shrivastava, Sr. Advocate with

2/5 Mr. Girish Pandey, Advocate For the State :

Mr. Raghwanand, GA-11 Mr. Pratik Kumar, AC to GA-11 For the Respondent No.16 :

Mr. Mrigank Mauli, Sr. Advocate with Mr. Sanket, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 08-05-2026 Heard learned counsel for the parties.

2. In the present writ petition, the petitioner has prayed for the following relief(s):- "(i) For issuance of an appropriate writ in the nature of CERTIORARI or such other writ/order or direction, for quashing the recommendation dated 21.05.2025 issued by Memo No.

मु०अ० (अ०उ०) 4515-01500/2025-1857 made by the Respondent nos. 5 to 9, whereby and where under the debarment of Respondent No. 16 has been held to be not lawful for the purposes of technical ground.

(ii) For issuance of an appropriate writ in the nature of CERTIORARI or such other writ/order or direction, for quashing the acceptance of the lowest amount quoted by Respondent No. 16 for the Tender Title RRSMP/24-25Chapra-02/01 Tender ID:

2025_RWD_139222_1 on 22.05.2025, which is downloaded from the website of the Rural Works Department, Bihar, Patna.

3/5 (iii) For issuance of an appropriate writ in the nature of CERTIORARI or such other writ/order or direction, for quashing the declaration of Respondent No. 16 as technically suitable despite having been debarred for participation in future tenders in view of Letter No. 1133 dated 20.02.2023 issued by Respondent No. 9.

(iv) For issuance of an appropriate writ in the nature of MANDAMUS or such other writ/order or direction, for declaring Respondent No. 16 as ineligible and disqualified from participating in the Tender Number RRSMP/24-25Chapra-02/01 Tender ID: 2025_RWD_139222_1 for having submitted false affidavit No. 457 dated 24.03.2025 which is in complete violation and contravention of Clause-17 of the Notice Inviting Tender dated 19.02.2025.

(v) For issuance of an appropriate writ in the nature of MANDAMUS or such other writ, order or direction for commanding the Respondent Nos. 5 to 9 to accept the financial bid of the Petitioner for the Tender Invitation Notice No. RRSMP/24-25Chapra02/01 Tender ID: 139222, as the financial bid of the petitioner is L2 (Rs.

37,64,06,795.5) as per Annexure-P/2.

(vi) For issuance of an appropriate writ in the nature of MANDAMUS or such other

4/5 writ, order or direction for commanding the Respondent Nos. 12 and 13 or 14 and 15 to conduct an appropriate inquiry into the conduct of the Respondent Nos. 5 to 9 in permitting the Respondent No. 16 to participate in the technical bid regarding Tender Invitation Notice No. RRSMP/2425Chapra-02/01 Tender ID: 139222. (vii) For grant of such other relief or reliefs to which the petitioner is entitled to under the law."

3. Upon perusal of materials available on record, it appears that the petitioner had submitted a representation/complaint dated 24.05.2025 (Annexure-P/9) before respondent No.9 which is still pending consideration.

4. Considering the fact that the representation is pending before respondent No.9, respondent No. 9 is directed to consider and decide the same, after affording due opportunity of hearing to all the stakeholders, by passing a reasoned and speaking order in accordance with law preferably within a period of three weeks from the date of receipt/production of a copy of this order.

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

5/5

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

(Sudhir Singh, J.) (Shailendra Singh, J.) Gaurav Kumar/- U