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2026 Supreme(Pat) 262

IN THE HIGH COURT OF JUDICATURE AT PATNA
SANGAM KUMAR SAHOO, CJ., HARISH KUMAR
State of Bihar through Principal Secretary, Home Department – Appellant
Versus
Kumar and Kumar, through Its Proprietor Raj Kuma Gupta @ R. K. Gupta, Son of Sri Radha Prasad Gupta – Respondent


Advocates Appeared:
For the Appellant :Mr. P.K. Shahi, Advocate General, Mr. N.H. Khan, SC-1, Mr. Md. Irshad, AC to SC-1, Mr. M.H. Kuraishi, AC to SC-1
For the Respondents: Mr. Madan Mohan, Adv., Mr. Ganpati Trivedi, Sr. Adv., Mr. Saurabh Suman, Adv., Mr. Ritik Shah, Adv., Mr. Rahul Mr. Rahul Raj, Adv.

JUDGMENT :

Sangam Kumar Sahoo, CJ.

This Letters Patent Appeal has been filed by the State of Bihar, challenging the order dated 18.11.2024 passed by the learned Single Judge in C.W.J.C. No. 7771 of 2017 in allowing the writ petition and setting aside the order passed in Memo No. 3408 dated 16.03.2017 as well as notice inviting tender vide Notice No. 02/2017-18.

2. Writ petition was filed by M/s. Kumar and Kumar represented through its proprietor Raj Kumar Gupta, seeking quashing of the order passed by the Inspector General of Police contained in Memo No. 3408 dated 16.03.2017, whereby he cancelled the previous tender no. 7/2008-09, which was approved in favour of the petitioner’s firm for the purpose of sale of empty cartridges stored at Munger Gun Factory, Munger, with a further information that fresh tender would be issued for the said purpose.

Further prayer has been made by the petitioner firm for a direction to the respondent to abide by the previously approved tender as the delay was not caused at the instance of the petitioner firm and to restrain the respondent authorities from proceeding with the fresh notice inviting tender, which has been previously issued in favour of the p

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