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IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M.PANCHOLI, PARTHA SARTHY
R.K. Tech a proprietorship firm, through its proprietor Mr. Raj Kumar Tripathi – Appellant
Versus
State of Bihar, through the Principal Secretary, Election Department, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. scope and validity of tender agreements. (Para 3 , 4 , 10 , 12) |
| 2. arguments for agreement validity and implications. (Para 5 , 6 , 7 , 8 , 9) |
| 3. contractual obligations and judicial review scope. (Para 13 , 14 , 15 , 16 , 18) |
| 4. rejection of the petition due to arbitrariness test. (Para 22 , 23) |
JUDGMENT :
Vipul M. Pancholi, CJ.
The petitioner has filed the present petition under Article-226 of the Constitution of India in which the petitioner has prayed for setting aside the short term tender notice dated 02.07.2025, bearing PR No. 007741 (Election) 2025-26, issued under the signature of District Election Officer-cum-District Magistrate, Sitamarhi by which, without issuing any notice to the petitioner, the work under agreement dated 20th December, 2023 has been advertised. The petitioner has also prayed that the respondent authorities be directed to continue the agreement dated 20th December, 2023 till its validity, i.e. 19.12.2026. Petitioner has also prayed that the respondent be directed to produce the signed copy of agreement dated 20.10.2023, executed between the petitioner and the respondent authorities.
2. At this stage, it is pertinent to note that after the p
Public authorities must act fairly and cannot arbitrarily terminate contracts without justification, reinforcing the legitimacy of expectations within public-private partnerships.
(1) Cancellation of Tender – Sanctity of contracts is a fundamental principle that underpins stability and predictability of legal and commercial relationships – When public authorities enter into co....
The court reinforced that the existence of an arbitration clause limits the scope for judicial intervention in contractual disputes involving the state.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
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