IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13467 of 2017 ======================================================

Vikash Chandra Guddu Baba ... ... Petitioner/s Versus The State of Bihar and Ors ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Vikash Chandra @ Guddu Baba (In Person)

For the CPCB : Mr. Lalitesh Mani, Adv.

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

13 25-02-2026 When the matter was taken up on 02.05.2025, the following order was passed.

“The affidavit filed by the Bihar State Pollution Control Board indicates that the gap analysis of the bio-medical waste which is being generated and the bio-medical waste being treated, has been addressed, and based on the gap between the generation and treatment of bio-medical waste, it has been assessed that 06 additional CBWTFs in the entire State of Bihar would be required.

2. One of such units would be required at Muzaffarpur, Bhagalpur, Sasaram, Gopalganj, Purnia and Madhubani.

3. This Court has also been informed that tenders were floated inviting bids from interested companies/ enterprises for setting up of such units. However, because of some discrepancies in the bid submitted by one of the participants in the tender process, the entire tender was cancelled and a fresh tender has been issued on 14.07.2023.

4. The learned counsel for the Board to inform this Court on the next date about the finalization of the tender process.

5. Re-notify this case on 11.07.2025.”

2. This matter was taken up in the first hour and we made a query to the learned counsel appearing for Bihar State Pollution Control Board (hereinafter referred to as, “BSPCB”) about the finalization of the tender process. Learned counsel sought for some time to obtain the instruction. However, since the issues involved in this case is very important and having far reaching consequences, inasmuch as direction has been sought for by the petitioner in this Public Interest Litigation to the respondent to take immediate and appropriate steps for disposal of the bio-medical waste, as the biochemical waste are found scattered hither and thither, causing several kinds of diseases such as AIDS, Hepatitis B and C., Typhoid, Encephalitis, Cholera, Tuberculosis etc.; we asked the learned counsel for BSPCB to ensure the appearance of the Member Secretary, State Pollution Control Board through virtual mode Accordingly, Mr. Neeraj Narayan, the learned Member Secretary, BSPCB appeared before us through virtual mode and stated that he had assumed the office of Member Secretary on 09.10.2024 and is also aware about the order dated

02.05.2025.

However, it is stated by the Member Secretary that since the period prescribed in the fresh tender, which was floated on 14.07.2023, elapsed in view of the pendency of the case before this Court, after disposal of such case, another two tenders were floated on 11^th July, 2025 and 5^th August, 2025 and in pursuance of such tenders, bids were invited and some persons applied for the same. On 19^th of August, 2025 technical bid was opened and examined for the tender floated on 11.07.2025 and so far as the tender, which was floated on 5^th of August, 2025, the technical bid was opened on 3^rd October, 2025. On 17^th December, 2025 financial bids were opened. The Member Secretary, BSPCB further said that when an information was received that one Special Leave Petition has been filed before the Hon’ble Supreme Court challenging the order passed by Patna High Court in CWJC No. 10325 of 2023 and in CWJC No. 12296 of 2023, relating to the cancellation of the tender process, no progress could be made for finalisation of the tender process. However, he has received the information today from the learned counsel for the BSPCB that the said Special Leave Petition has been dismissed and therefor