IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2323 of 2026 ======================================================

M/s Mahi Constructions through its Prop Raushan Kumar Male, aged about- 37 years, S/o Ashok Kumar R/o at Beldari Tola, Patna City, Sampatchak, Patna, P.S.- By-Pass, District- Patna ... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna, New Sachiwalaya, Patna

2. Joint Secretary, Urban Development and Housing Department, Govt. Of Bihar Vikash Bhawan, Patna, New Sachiwalaya Bhawan at Nehru Path Patna

3. Collector cum District Magistrate, Patna of Collectoriate Compound, Patna

4. Chief Engineer Urban Development and Housing Deptt. Govt. of Bihar Patna Vikash Bhawan New Sachiwalaya, Path, Patna

5. Executive Engineer, Urban Development and Housing Department, at Vikash Bhawan, New Sachiwalaya Govt. of Bihar, Patna, Nehru Path Patna.

6. Chairman, Nagar Parishad Sampatchak, District- Patna

7. Executive Officer, Nagar Parishad Sampat Chak, District-Patna ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the State : Md. Harun Quareshi, AC to SC-1 For Resp No.6 & 7 : Mr. Krishna Kant Tiwari, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2 12-02-2026 Heard learned counsels for the parties.

2. The present writ application has been filed for quashing the order dated 17.01.2026 passed by the Executive Officer, Nagar Parishad, Shampat Chak, whereby the final merit list relating to Tender No. 09/2025- 26, Group- 3(Ward No. 8) and Group- 4(Ward No.11) has been cancelled and a fresh re- tender has been issued on

19.01.2026 for the same work.

3. The brief facts of the case are that the tender dated 24.11.2025 invited bids, inter alia, for construction of R.C.C. drain and P.C.C. road from the house of Jitendra Jee to Badshahi Payeen in Ward No. 8 (estimated cost Rs. 1,30,39,200/-) and from the south of the house of Baleshwar Prasad up to the house of Malti Devi in Ward No. 11 (estimated cost Rs. 92,87,000/-), with a completion period of three months. The petitioner submitted bids for both works and, was placed in the price bid comparison sheet. However, before issuance of any letter of acceptance or work order, the Executive Officer cancelled the tender without assigning any reason and thereafter issued a fresh re-tender notice fixing 03.02.2026 as the last date for submission of bids.

4. Learned counsel for the petitioner submits that once the petitioner was placed in the price bid comparison sheet, the respondents could not have cancelled the process without assigning reasons. It is submitted that the impugned action is arbitrary, violative of Articles 14 and 19(1)(g) of the Constitution of India and amounts to colourable exercise of power.

5. Per contra, learned counsel appearing on behalf of the respondents submits that no vested right accrues to a bidder merely because he has been placed in the price bid comparison sheet and that the authority is empowered to cancel the tender process prior to final award of contract. It is further submitted that Clause 20 of the NIT expressly reserves such power with the competent authority to cancel the tender without assigning any reason, which reads as follows:

“20. अधधोहस्तताक्षरर / सक्षम पताधधकतार कधो बबिनता कधोई कतारण बिततायय बनबविदता कय सभर / बकन्हह कतायर रकधो यता बकसर कतायर कय बकन्हर अरश/अरशश कधो रद करनय कता अधधकतार ससुरबक्षत रहयगता। इसकय धलिए बकसर भर पकतार कता कधोई दताविता मतान्य नहह हधोगता।”

6. Relying upon the aforesaid clause, learned counsel for the respondent submits that the petitioner has no enforceable legal right to seek award of the contract and, therefore, no interference is warranted in exercise of writ jurisdiction.

7. The