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2026 Supreme(Online)(Pat) 1201
IN THE HIGH COURT OF JUDICATURE AT PATNA
Sudhir Singh, Alok Kumar Pandey, JJ
M/s Dhirendra Construction Private Limited
Civil Writ Jurisdiction Case No.17055 of 2025
For the Appellants/Petitioners: Lalit Kishore, Ranjeet Kumar, Ayush Kumar, Kanisk Kaustubh, Lakshmi Kumari, Rajnish Prakash, Kanishk Shankar
For the Respondents: Amish Kumar
The court is examining whether non-compliance with a specific clause of the Instructions to Bidders (ITB) during the bid submission stage is a sufficient legal ground to recommend the blacklisting of a contractor.
Headnote:The matter pertains to the Bihar Contractor Registration Rule, 2007. The petitioner was declared technically disqualified in a tender process following an objection by another bidder, which subsequently led to a recommendation for blacklisting the petitioner. The petitioner sought to set aside the disqualification and the recommendation for blacklisting. The court framed the central issue as to whether "a recommendation for blacklisting can be made merely on the ground that one of the clauses of the bidding document was not complied with by the bidder at the stage of submission of the bid." The court limited the scope of the prayer to the expunging of the blacklisting recommendation based on non-compliance with the Instructions to Bidders (ITB). Put up this matter on 05.02.2026, retaining its position.
| Table of Content |
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| 1. challenge to technical disqualification and the subsequent recommendation for blacklisting due to bid non-compliance. (Para 1 , 2) |
| 2. determination of whether procedural non-compliance in bidding documents justifies the severe penalty of blacklisting. (Para 3 , 4 , 5) |
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 31-01-2026 Following are the reliefs sought for in the present writ application:-
"I. For setting aside the decision of the technical bid committee dated 24.09.2025 headed by the Secretary, Road Construction Department, Bihar, Patna whereby the petitioner has been declared to be technically disqualified on the objection of Rishi Builders (India) Pvt. Ltd in item No. 2 of NIT No. RCD/06/2025-26 and further recommendation has been made for taking action against the petitioner in terms of Bihar Contractor Registration Rule, 2007 .
ii. For setting aside the decision of the financial bid relating to NIT No. RCD/06/2025-26 wherein Rishi Builders (India) Pvt. Ltd has been shown to have quoted the lowest rate i.e above 4.53%.
iii. For that the petitioner further prays that after setting aside of the aforementioned decision of the technical bid committee dated 24.09.2025 as well as financial bid, the petitioner may be declared to be technically qualified and his financial bid be opened."
2. In course of arguments, Mr. Latit Kishore, learned senior counsel appearing on behalf of the petitioner, has confined his prayer only to expunge the recommendation for blacklisting made by the Department on the ground that the petitioner did not comply with Clause-4.8 of the Instructions to Bidders (ITB) of the Standard Bidding Document (SBD).
3. In view of the submissions made, the issue that arises for consideration before this Court is as to whether a recommendation for blacklisting can be made merely on the ground that one of the clauses of the bidding document was not complied with by the bidder at the stage of submission of the bid.
4. Mr. Amish Kumar, learned counsel appearing on behalf the State, is directed to assist this court on the aforesaid limited question.
5. Put up this matter on 05.02.2026, retaining its position.
