Nand Kumar Sagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17797 of 2025 ====================================================== Nand Kumar Sagar, Son of Ram Sagar Paswan, aged about 36 years, Resident of 404, Royal Heritage Apartment, Ashiyana Digha Road, Patna- 800014 And Presently Co-Chairman, Bihar Pradesh Youth Congress, Legal Cell and also a Practitioner at Patna High Court.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna - 800015.

2.

Bihar Rajya Pul Nirman Nigam Limited (BRPNNL), Through its Managing Director, Patna, Bihar.

3.

The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

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

For the Petitioner :

Mr. Nand Kumar Sagar (In person) For the State :

Mr. P.K. Verma, Sr. Advocate AAG-3 Mr. Sanjay Kumar Ghosarvery, AC to AAG-3 For Pool Nigam :

Mr. P.K. Shahi, Sr. Advoate with Mr. Vikas Kumar Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 11-11-2025 In the present writ petition, petitioner prays for the following relief/s:- "a. Issue a Writ in the nature of Mandamus, directing the Respondent Nos. 2 (BRPNNL) to forthwith ensure that no construction or preparatory activities, including site clearance and 'bhoomi pujan' be undertaken, without obtaining the requisite and fool proof provisions of civil technicalities requirement for project implementation.

2/4 b. Issue a Writ in the nature of Mandamus, directing the Respondent Nos. 2 (BRPNNL) to forthwith ensure that the technical eligibilities pertaining to Pre Qualifying Conditions (PQC) are revised as per the standards prevalent in the other prominent construction agencies. Further the Hon'ble court may direct to disclose the rationale behind the arbitrary PQC (i.e 'one similar work of value not less than 10% of value of estimated cost of contract during last five years) which is a blatant violation of CVC Guidelines on PQC standards.

c. Issue a Writ in the nature of Certiorari, calling for the records pertaining to the award of tenders setting aside any such award or contract agreement that has been passed without adhering to the due process of law, transparency, and public interest considerations.

d. Issue a Writ in the nature of Prohibition, restraining the Respondent authorities and the Project Proponent from undertaking any activity for the tenders published and processed during the current quarter (July-Sep 2025) till the time the provisions of the RFP/NIT are rectified as per the industry standards and a fair and transparent tender process is concluded.

e. Direct the Respondent No. 2 (BRPNNL) to conduct a thorough and independent inquiry into the allegations of bid riggings and furnish the following record for all the tenders concluded in the current quarter (i.e. July to

3/4 Sep):

i) Number and Names of participants for each tender.

ii) Technical Qualification report of each bidder. iii) L1 bidder for each tender iv) The list of other projects that may have been awarded to respective L1 bidders.

v) Minutes of Pre Bid Meetings.

f. Order the constitution of an Independent Expert Committee comprising of subject experts, prominent civil engineers and structural engineers (from IIT/NIT/Premier institutions)to assess all the aspects of structural soundness and professional compliance in project design and implementation.

g. Pending the final outcome of this petition and the report of the Independent Expert Committee, grant an interim order of stay on all ongoing or proposed construction and land clearing activities by the project Proponent under its jurisdiction.

h. Direct the Respondents to disclose the DPR (Detailed Project Report) and all other documents related to the projects for which the tenders were published in the quarter ending Sep 2025.

i. Pass any such further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and for the safeguard of the public infrastructure and the fundamental rights of the citizens."

4/4

2. From perusal of the records, it appears that vague allegations have been made without any relevant documents to substantiate the allegations.

3. In such circumstances, we do not find any merits in the present application.

4. Accordingly, the present writ petition stands dismissed.

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

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J.) Gaurav Kumar, Ibrar/- U