C And K (J V), v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10843 of 2025 ====================================================== C and K (J V), having its Registered Office at Supriya Cunema Road, Shanti Nagar, Bettiah through its Authorized Signatory Chandra Mohan Ojha Male aged about 52 Years, Son of Late Mukti Nath Ojha, Resident of Yadav Chappar, Lohiaria, P. S. Kumarbagh O.P. District-West Champaran, Bihar. ... ... Petitioner

Versus

1.

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

2.

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

3.

The Chief Engineer-5, Rural Works Department, (Muzaffarpur), Government of Bihar, Patna.

4.

The Superintment, Engineer, Work Circle-Bettiah, Rural Works Department, Government of Bihar, Patna.

5.

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

6.

The Executive Engineer, Rural Works Department, Works DivisionNarkatiyaganj. 7.

M/s Maa Bindhyavashini Construction through its partner Virender Kumar, Parentae not known to the petitioner, At and P.O. Thakraha, P.S. Thakraha, District- West Champaran.

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

For the Petitioner :

Mr. Prabhat Ranjan, Advocate For the Respondents :

Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 13-05-2026 Heard learned counsel for the parties.

2. In the present writ petition, the petitioner has prayed for the following relief(s):- "(i) Quashing of the Decision of the Technical Bid Committee as contained in Memo No. 2304

Patna High Court CWJC No.10843 of 2025(7) dt.13-05-2026 2/3 and 2305 both dated 16.06.2025(Annexure P/7 Series) corresponding to Notice Inviting Tender No. RRSMP-17/2024-25 by which, on the basis of false administrative record and against the mandate of the Departmental Circulars, the Technical Bid of the petitioner has been held to be non-responsive in the course of re-evaluation on the basis of misconceived objection and on unsustainable reasoning;

(ii) Constituting a High-Level Independent Committee to enquire in to the alleged act of fabrication of official records and manipulations committed by the Technical Bid Committee in the course of Technical Bid Evaluation for disqualifying the petitioner; and (iii) Restraining the respondents from proceedings further and giving effect to decision dated 16.06.2025 vide Memo No. 2304 and 2305 (Annexure P/7 Series) corresponding to Notice Inviting Tender No. RRSMP-17/2024-25 during the pendency of the present writ application and/or the without the leave of this Hon'ble Court.

(iv) Quashing of the decision of the Technical Evaluation Committee bearing Memo No. 2387 dated 23.06.2025(Annexure P/10) by which;

(a) The objection filed by the petitioner dated 19.06.2025 with regard to its disqualification/rejection of the technical bid has not at all been considered, no decision has been recorded on such objection; and (b) The objection of the petitioner with regard to

Patna High Court CWJC No.10843 of 2025(7) dt.13-05-2026 3/3 the qualification of the technical bid of M/s Maa Bidhyavashini Construction has been rejected on the earlier decision qualifying the technical bid has been reiterated on the basis of materials and information outside the bid document and by making material alteration in the declaration submitted by the bidder.

(v) Quashing of the proceedings of the financial bid evaluation dated 24.06.2025 whereby, before Notification of the decision to open the financial bid the Respondents have proceeded to open the financial bid and declared the lowest bidder (L-1)."

3. A counter affidavit has been filed on behalf of the State whereby it has been stated that the work order has already been issued rendering the present application infructuous.

4. Accordingly, the present writ application stands disposed of as having become infructuous.

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

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