P. Jyoti And Co. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16213 of 2025 ====================================================== 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 Partner, 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, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.
Bihar State Food and Civil Supplies Corporation Limited (BSFCSCL) through its Managing Director, Khadya Bhawan, Road No. 2, Daroga Rai Path, R Block, Patna-800001.
3.
The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Road No. 2, Daroga Rai Path, R Block, Patna 800001.
4.
The General Manager (Finance and IFA), Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Road No. 2, Daroga Rai Path, R Block, Patna-800001.
5.
M/s Vinod Singhal and Co. LLP, Having its permanent address at 222, 2nd floor, Ganpati Plaza, M.I. Road, Jaipur - 302001, Rajasthan and its local office at 2nd Floor, above Suzuki Service Centre, opposite Loyala High School, I.E. Road, Kurji, Sadakat Ashram, Patna - 800010. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Kumar, Advocate Mr. Amit Anand, Advocate Ms. Jaya Sonam, Advocate Ms. Somya Kumari, Advocate For the Respondent/s :
Mr. Satyabir Bharti, Sr. Advocate Mr. Gaurav Kumar, Advocate Mr. Shailendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 30-04-2026 Heard learned counsel for the parties.
2. Following is the relief sought for in the present writ application:-
2/4 "(i) For issuance of an appropriate writ, order, or direction for quashing and setting aside the interim technical evaluation result dated 10.09.2025 pertaining to the technical bids submitted by bidders/consultant firms in the tender floated vide NIT No. 010451 (B & C) 2025-26 or Eproc. 2.0 System Tender No. 107720, issued under Letter No. 2454 dated 07.08.2025, whereby the Bihar State Food and Civil Supplies Corporation Limited (hereinafter referred to as BSFCSCL), Patna, Bihar800001, invited bids from Chartered Accountant Firms in the prescribed format for selection of Agencies/Consultants for Accounting, Financial Management, Taxation, Companies Act and other financial matters for a tenure of 36 months from the date of execution of the agreement with the Respondent BSFCSCL Department;
(ii) For issuance of an appropriate writ, order, or direction granting an interim stay and restraining the Respondent authorities from taking any further steps or actions pursuant to, or in connection with, the impugned technical evaluation result published on 10.09.2025 relating to the technical bids submitted in response to the aforesaid tender;
(iii) For issuance of an appropriate writ, order, or direction restraining the Respondent authorities from selecting any Chartered Accountant Firm for accounting and taxation-related assignments in pursuance of the aforesaid technical evaluation result published on 10.09.2025;
(iv) For issuance of an appropriate writ, order, or direction commanding the Respondent authorities to duly consider the objection-cum representation submitted by the Petitioner vide
3/4 Letter No. PJC/1206/2025 dated 11.09.2025 (filed within 48 hours of publication of the evaluation result), and to reassess and correct the marks allotted to the Petitioner Firm strictly in accordance with the criteria prescribed at internal page no. 6 of the tender document under eligibility criteria, Sl. No. (v) of the impugned tender;
(v) For issuance of appropriate writ, order, or direction granting an interim stay and restraining the Respondent authority from taking any further actions/steps pursuant to the tender floated vide NIT No. 010451 (B & C) 2025-26 or Eproc. 2.0 System Tender No. 107720, issued under Letter No. 2454 dated 07.08.2025; AND/OR (vi) For grant of any other relief's as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
3. Learned counsel for the State submits that vide Memo No. 4141 dated 29.04.2026, the tender in question itself has been cancelled. The letter dated 29.04.2026 submitted by the learned counsel for the respondents be made part of the record and be marked as 'X'. The extract of the said letter is reproduced hereinbelow:- "Reference is invited to NIT No. PR No.
010451 (B&C) 2025-26 / E-Procurement Tender No. 107720 issued for "Selection of Agencies/Consultants for Accounting, Financial Management, Taxation, Companies Act and other Financial Matters" under Quality-cum Cost Based Selection (QCBS) mode, whereas the tender process
4/4 for Cluster Level Agency 1 (CLA-1) was carried out in accordance with the prescribed procedures and the technical as well as financial bids were opened and recommendations of the Tender Committee (the Minutes of the Meeting dt 28.04.2026 along with supporting documents are enclosed herewith), the Competent Authority, for administrative & financial reasons and in the interest of the Corporation, has decided to annul the tender process for CLA-1. Now, therefore, it is hereby notified that the tender process for CLA-1 under the aforesaid NIT stands cancelled with immediate effect.
Further necessary action regarding retendering, if any, shall be taken separately in due course."
4. Upon perusal of the aforesaid, it is apparent that the tender in question itself has been cancelled, rendering the present writ application infructuous.
5. Accordingly, the present application stands disposed of as having become infructuous.
6. Pending application(s), if any, shall also stand disposed of.
(Sudhir Singh, J) (Shailendra Singh, J) Sachin/- U