M/S Nilesh Engineers v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12732 of 2025 ====================================================== M/s Nilesh Engineers through its Manager Atul Yadav, Male, aged about 27 years, S/o Brandawan Yadav, R/o- at Chanderi, P.S- Kuthar, Bhopal, Madhya Pradesh, and having its registered office at Samrat Industrial Area- 18, Opp, Micro Gharghanti, Gokuldham Main Road, Rajkot, Pin- 360004, Gujarat. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Labour Resources Department, Government of Bihar, Patna.

2.

The Director, Labour Resources Department (Training Wing), Government of Bihar.

3.

The Director, The Directorate of Employment and Training, Labour Resources Department, Government of Bihar, B-Block, 4th Floor, Niyojan Bhawan, Baily Road, Patna, Bihar- 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Vikram Rana, Adv Ms. Nisha Bharti, Adv Mr. Kumar Saurav Dev, Adv Mr. Anurag Darshi, Adv Mr. Akash Priye, Adv For the Respondent/s :

Mr. Kumar Manish, Standing Counsel (5) Mr. Arun Kumar Prasad, AC to SC-5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 11-09-2025 In the instant petition, petitioner has prayed for the following reliefs:

(i) For issuance of writ in the nature of Mandamus directing the Respondent Authorities to proceed in a fair process with the Tender bearing Tender/RFQ No:TRG/01/2024-2025 and allot the same to the petitioner in case it is found to be most

Patna High Court CWJC No.12732 of 2025(4) dt.11-09-2025 2/3 eligible tenderer in terms of the RFQ published;

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent authorities to reconsider and re-evaluate the technical bid submitted by the petitioner in accordance with the terms and conditions of the Tender Document, and to allow the Petitioner to participate in the further stages of the tender process, if found eligible;

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent authorities to undertake a fair and transparent re-evaluation of all bids submitted in response to the said tender, including that of M/s Universal Engineering Equipments Corp., in compliance with Clause 2(E) and other applicable criteria;

(iv) For such other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.

2. For the purpose of issuance of writ of mandamus under Article 226, two ingredients are mandatory, namely, vested right with the aggrieved person read with the demand before the concerned authority. Both the ingredients are not

Patna High Court CWJC No.12732 of 2025(4) dt.11-09-2025 3/3 forthcoming from the present petition. Therefore, the petitioner has not made out a case so as to grant relief sought in the present petition.

3. Be that as it may, in the event of petitioner filing representation or application before the concerned authority, the concerned authority is hereby directed to decide the petitioner's grievance within a reasonable period of time from the date of receipt of such application/representation and proceed to pass speaking order and communicate the same.

4. With the above observation, the present writ petition stands disposed of.

(P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) kiran/- U