Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11247 of 2026 ====================================================== Saroj Kumar Son of Mahesh Ray, Resident of Mohalla- Ward No.- 04, Hariharpur, Pupri, P.S.- Pupri, District- Sitamarhi. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Rural Development Department, Patna.
2.
The Principal Secretary, Rural Work Department, Patna, Bihar. 3.
The Engineer in Chief-cum- Additional Commissioner -cum- Special Secretary/Engineer-in-Chief, Rural Works Department, 5th Floor, Visvesvaraya Bhawan, Nehru Path, Patna.
4.
The Nodal Officer, Mukhymantri Gramin Sadak Yojna, Patna. 5.
The Executive Engineer, Rural Works Department, (W) Division, Patna. 6.
The District Magistrate, Sitamarhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagjit Roshan, Advocate For the State :
Mr. Sunil Kumar Mandal, SC-3 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 28-07-2026 Heard learned counsel for the parties.
2. In the present writ petition, the petitioner prays for the following reliefs:- "I. For issuance of Writ in the nature of Mandamus or any other appropriate Writ (s) or Order (s) or Direction (s) directing the Respondent Authority to return the amount of Rs. 8,42,569/- (Eight Lakh
2/4 Forty Two Thousand Five Hundred and Sixty Nine) which the Petitioner paid as Earnest Money Deposit and Tender Fee to participate in the bidding process for the bid invited vide NIT No. RWD/MMGSY (AWSESH- GEN)/HQ/ET/ 2025-26/06 under the patron of Rural Work Department, Bihar and was also declared Successful bidder but unfortunately the Tender was cancelled /dropped.
II. For issuance of Writ in the nature of Mandamus or any other appropriate Writ (s) or Order (s) or Direction (s) directing the Respondent Authorities to pay the Petitioner an interest of 9% per annum on the amount of Rs. 8,42,569/- which the Petitioner paid as Earnest Money Deposit and Tender Fee as pre-requisite to participate in the bid invited vide NIT No. RWD/MMGSY (AWSESHGEN)/HQ/ET/2025-26/06. III. For the issuance of Writ in the nature
3/4 of Mandamus or any other appropriate Writ(s) or Order(s) or Direction(s) directing the Respondent Authorities to consider the Representation dt. 16.06.2026 (Annexure-P/6) filed by the Petitioner praying for return of Earnest Money Deposit and pass a reasoned order after affording opportunity of being heard.
IV. Issuance of such other order/ orders, direction/ directions, relief/reliefs to which the petitioner may found entitled to be passed as your Lordships may deem fit and proper."
3. Upon perusal of record, it appears that the petitioner has submitted a representation dated 16.06.2026 (Annexure-P/6 to the present writ application) before the Respondent No. 3 i.e. Engineer in Chief-cum-Additional Commissioner-cum-Special Secretary/Engineer-in-Chief, Rural Works Department, Patna, which is still pending consideration.
4. Respondent No. 3 is directed to consider and dispose of the petitioner's representation by passing a reasoned and speaking order, in accordance with law after affording due
4/4 opportunity of hearing to all the stakeholders, preferably within a period of six weeks from the date of receipt/production of a copy of this order.
5. With the aforesaid observations and directions, the present writ application stands disposed of.
6. Pending application (s), if any, shall stand disposed of.
(Sudhir Singh, ACJ) ( Rajesh Kumar Verma, J) Ibrar//- U