##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1301 of 2026

======================================================

Jitendra Singh, aged about 55 years, Male, Son of Late Chandradeo Singh,

resident and Village-Dhanauti Math, P.S.-Dhanauti Math, District-Siwan.

... ... Petitioner

Versus

1. The State of Bihar through Engineer-in-Chief, Rural Works Department,

Govt. of Bihar, Patna.

2. The Chief Engineer-5, Muzaffarpur, Rural Works Department, Bihar.

3. The Technical Secretary, Rural Works Department in the office of Chief

Engineer-5, Muzaffarpur.

4. The Superintending Engineer, Rural Works Department, Works Circle,

Siwan.

5. The Executive Engineer, Rural Works Department in the office of Chief

Engineer-5, Muzaffarpur.

6. The Executive Engineer, Rural Works Department, Works Division, Siwan-

1.

7. Ramayan Prasad Singh, resident of Village-Lohijara, Sidhwalia, District-

Gopalganj.

... ... Respondents

======================================================

Appearance :

For the Petitioner : Mr. Prashant Sinha, Advocate, Mr. Shrish Anurag,

Advocate and Mr. Amar Kumar Singh, Advocate

For the Respondents : Mr. Advocate General.

======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2 05-02-2026 Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. The following reliefs have been sought for by the

petitioner in the present writ application:

“1(i) For issuance of writ in the nature of

certiorari for quashing of that part of

Patna High Court CWJC No.1301 of 2026(2) dt.05-02-2026

2/6

decision of the Technical Bid Evaluation

Committee in its proceeding dated 30-12-

2025 as contained in memo no.3969 dated

30-12-2025 whereby the objection of the

petitioner as contained in paragraph 4

relating to no experience of the private

respondent has been rejected under the

general provision of clause 4.4A (a) of

CMBD, without considering clause 4.4A (c)

of CMBD.

(ii) For necessary direction upon the

respondent authorities to reconsider the

objection of the petitioner over the eligibility

of the private respondent in terms of clause

4.4A (c) of CMBD, which provides that the

contractor should have the experience of

25% of the value of similar work and in the

present case, the work involves construction

of road with bitumen upto the value of Rs.

51,04,650/- but the experience of the private

respondent with regard to this work is zero.

(iii) For issuance of writ in the nature of

certiorari for quashing of letter no. 3974

dated 31-12-2025 issued by the Chief

Engineer-5, Muzaffarpur, Rural Works

Department whereby the work has been

allotted to the private respondent and work

order has also been issued in favour of the

private respondent.

(iv) For restraining the private respondent

Patna High Court CWJC No.1301 of 2026(2) dt.05-02-2026

3/6

from executing with the work contained in

package no. MMGSY (AWSESH-GEN)-

Siwan-1-225 against tender notice contained

in memo no. 1249 dated 13-06-2025.

(v) For any other direction, which your

Lordships may deem fit and proper in the

facts and circumstances of the case.”

3. It is the case of the petitioner that an objection was

filed with respect to respondent no. 7 vide Letter dated

10.12.2025 (Annexure-P/5). In the said objection, the petitioner

raised four specific issues against respondent no. 7, which are as

follows:-

“1. jkek;.k izlkn flag chM la-&624048% budk Credit

Facility esa Tender Value vafdr ugha gSA

2- buds QkeZ esa rduhfd baftfu;j ,oa deZpkjh dk;Zjr

ugha gS D;ksafd fd bZ-ih-,Q- tkWp djus ij fdlh Hkh

O;fDr dk vafdr ugha gSa (Nk;kizfr layXu)A

3. budk o’kZ 2023-24 dk ATO esa dqy izkfIr dh

jkf”k 12799491-00 #- vafdr gSA dk;Z ize.My

xksikyxat 2 ds n~okjk fuxZr isesUV lfVZfQdsV esa Hkh

dqy Hkqxrku dh jkf”k 12799491-00 #- vafdr gS ftlesa

vk;dj en esa dqy dVkSfr 255990-00 vafdr gS ysfdu

vk;dj fjVZu dh ikofÙk jlhn #- 709627760

fnukad&15-11-2024 esa vk;dj en esa dqy dVkSfr;k

259214-00 #i;