IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6238 of 2025 ======================================================

Gangadhar Narayani Construction Pvt. Ltd. having its Head Office at Sankat Mochan Nagar, New Police Line, Nawada, Ara, through its Managing Director, Abhay Kumar Mishra, aged about 59 years, Male, son of Late Chandrama Mishra, resident of Flat No. G-1, Girja Nandan Enclave, IAS Colony, Rupaspur, P S Rupaspur, District Patna, Bihar.

... ... Petitioner Versus

1. The State of Bihar through the Additional Chief Secretary, Planning and Development Department, Government of Bihar, Patna.

2. The Engineer in Chief, Planning and Development Department, Government of Bihar, Patna.

3. The Chief Engineer, Local Area Engineering Organization, Bihar, Patna.

4. The Superintending Engineer, Local Area Engineering Organization, Works Circle, Patna, Bihar.

5. The Executive Engineer, Local Area Engineering Organization, Works Division - I, Ara (Bhojpur), Bihar ... ... Respondents ======================================================

Appearance :

For the Petitioner : Mr. Jai Vardhan Narayan, Advocate Mr. Prabhat Ranjan, Advocate For the Respondents : Mr. P.K. Shahi, Advocate General Mr. Amish Kumar Jha, JC to AG ======================================================

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

4 21-01-2026 In the present writ application, the petitioner has prayed for the following relief(s):

“(i) Quashing of the decision of the Tender Committee dated 15.01.2025 as contained in Memo NO. 298 (Annexure 2) by which, the Technical Bid of the petitioner has been rejected and held to be non responsive on the grounds that “the Experience Certificate submitted along with the Tender Document, in course of verification has been found to be false and as such the Bidder does not meet the eligibility criteria under Clause 4.5 A (b) of the S B D (ii) Quashing of the subsequent and consequential decision of the Tender Committee dated 20.01.2025 as contained in Memo No. 401 dated 21.01.2025 whereby, misinterpreting the objection filed by the petitioner, the earlier decision dated 15.01.2025 rejecting the petitioner’s Technical Bid has been reiterated although on an absolutely new and different ground and based on extraneous and materials; (iii) Direction upon the Respondents to reconsider the decision of the Tender Committee dated 20.01.2025 on the basis of the verification report of the work experience certificate submitted along with the tender document;

(iv) Direction upon the Respondents to consider and dispose of by a reasoned and speaking order, the objections/ representations filed by the petitioner vide Communication dated 23.01.2025, 24.01.2025 and 01.02.2025 respectively; and (v) Restraining the Respondents from proceeding further and finalizing the Tender6238 process by creating third party right during the pendency of the present writ application and/or the without the leave of this Hon'ble Court.”

2. The brief facts of the case are that a NIT (Notice Inviting Tender) was published on 27.11.2024 for construction of Panchayat Sarkar Bhawan in the District of Bhojpur. The petitioner had participated in the said Tender Process, and was disqualified at the Technical bid Stage. The Tender Committee had disqualified the technical bid of the petitioner vide its decision dated 15.01.2025 on the ground that, the work experience certificate, submitted by the petitioner, was found to be false and the bidder does not meet the eligibility criteria under Clause 4.5 A (b) of the S.B.D. (Standard Bidding Document). In pursuance to the same, the petitioner had submitted its objection dated 17.01.2025 taking a stand that the experience certificate submitted by him is correct. The Tender Committee reiterated its earlier stand, vide its decision dated 20.01.2025. Thereafter, an objection dated 23.01.2025 was again submitted by the peti