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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15947 of 2025

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Vishanu Kumar Pandey @ Vishnu Kumar Pandey S/o Late Satya Narayan

Pandey, R/O Vill- Pandey Chapra, P.O.- Ekma, P.S.- Rasulpur, District- Saran.

... ... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar.

2. The State of Bihar through the Secretary, Rural Works Department, Govt. of

Bihar, Patna.

3. The Engineer-in Chief -Cum- Dy. Commissioner-Cum-Special Secretary,

Rural Works Department, Govt. of Bihar, Patna.

4. The Chief Engineer, South, Rural Works Department, Govt. of Bihar,

Muzaffarpur.

5. The Superintending Engineer, Rural Works Department, works Division,

Siwan.

6. The Nodal Officer, Mukhya Mantri Gram Samparak Yojana, Siwan.

7. The Executive Engineer, Rural Works Department, Works Division,

Maharajganj.

8. E.R AP Construction Private Limited, through its Director, Anil Kumar

Singh, R/o Vill- Dhanauti, P.O. and P.S.- Hajipur, Dist.- Vaishali.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Praveen Ranjan, Advocate

For the Respondent/s : Mr. Ajay, GA-5

Mr. Durga Nand Jha, Advocate

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5 04-02-2026 The present writ application has been filed for the

following reliefs:

“i.) To set aside the part of the decision

taken by the Technical Bid Committee, Rural Works

Department, Bihar dated 11.09.2025 with respect to

tender bearing Tender NIT no.-

RWD/MMGSY(AWSESH-SC)/HQ/ET/2025- 26/11

Patna High Court CWJC No.15947 of 2025(5) dt.04-02-2026

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under Package No.-MMGSY(AWSESH-SC)-

Maharajganj-503(Tender Id-2025_ RWD_ 142361_

1) dated 12.06.2025 issued by office of the

Engineer-in-Chief, Rural Works Department, Govt.

of Bihar, for a work at serial no.31 i.e.,” For

Construction and 06-year routine maintenance

work (output and performance based) for Rural

Road/Bridge under component of Mukhya Mantri

Gram Sampark Yojana (AWSESH-SC) whereby and

where under the objections raised by the petitioner

against the private respondent has been considered

by the authority concerned but still declared private

respondent qualified in technical bid in a flimsy

and non-existent ground in a most arbitrary and

mechanical manner.

ii.) To hold and declare the technical bid

of the private respondent as invalid in NIT no.-

RWD/MMGSY(AWSESH-SC)/HQ/ET/2025-26/11

under Package No.-MMGSY(AWSESH-SC)-

Maharajganj-503(Tender Id-2025_ RWD_ 142361

_1) dated 12.06.2025 issued by office of the

Engineer-in-Chief, Rural Works Department, Govt.

of Bihar and further direct the Respondents

authority to declare petitioner as L1 in the

Financial Bid after disqualification of private

respondent and award tender in favour of the

petitioner.

iii.) To stay the further proceeding of

NIT no.- RWD/ MMGSY (AWSESH-SC)/ HQ/ ET/

2025-26/11 under Package No.-MMGSY

(AWSESH-SC)-Maharajganj-503 (Tender Id-2025_

RWD_ 142361_ 1) dated 12.06.2025 issued by

Patna High Court CWJC No.15947 of 2025(5) dt.04-02-2026

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office of the Engineer-in-Chief, Rural Works

Department, Govt. of Bihar, during the pendency of

the writ application as Financial Bid is already

opened and private respondent is the lowest bidder.

iv) For any other order/orders for which

petitioner is entitled for in the facts and

circumstances of the case.”

2. The petitioner has assailed Annexure-P/4 in the

present writ application. The petitioner was also one of the

bidders in the tender in question. Upon declaration of the

technical bid, both the petitioner as well as respondent No. 8

lodged complaints against each other. The impugned decision

before this Court pertains to rejection of the complaint

submitted by the petitioner by the competent authority. The

reasons assigned for such rejection, as extracted from the

impugned order, are as follows:

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