2025 Supreme(Online)(Pat) 5918
IN THE HIGH COURT OF JUDICATURE AT PATNA
Adyaraj Developers Private Limited – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.7993 of 2025
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7993 of 2025 ======================================================
Adyaraj Developers Private Limited, having its registered office al 202, Vishnu Palace, East Boring Canal Road, Patna, Bihar - 800001 through its director Jitendra Kumar Roy, male, aged about 47 years, Sto Ram Sagar Prasad, resident of House No. 57, Montessary School Lane, Gandhi Nagar, Boring Road, Patna, Bihar - 800001.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Vidhansabha Secretariat, Bihar, Patna.
2. The Additional Chief Secretary, Road Construction Department, Government of Bihar, 1st Floor, Vishweshwaraiya Bhawan, Patna-800015.
3. The Bihar Rajya Pul Nirman Nigam Ltd., a Government of Bihar undertaking, 7, Sardar Patel Marg, Veerchand Patel Road Area, Patna, Bihar
800015, through its Chairman.
4. The Chairman, Bihar Rajya Pul Nirman Nigam Ltd., 7. Sardar Patel Marg, Veerchand Patel Road Area, Patna, Bihar 800015.
5. The Managing Director, Bihar Rajya Pul Nirman Nigam Limited, 7, Sardar Patel Marg, Patna, Bihar.
6. The Deputy Chief Engineer, Work Circle 1, Bihar Rajya Pul Nirman Nigam Limited, 7, Sardar Patel Marg, Patna, Bihar.
7. The Deputy Chief Engineer, Work Circle 2, Bihar Rajya Pul Nirman Nigam Limited, 7, Sardar Patel Marg, Patna, Bihar
8. The Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Ltd., Work Division, Bhagalpur.
9. The Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Ltd., Work Division, Muzaffarpur.
10. The Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Ltd., Work Division, Darbhanga.
11. Rachana Construction Company, Registered office at Phase 1, Plot No.
1815, Shivnath Industries, GIDC Panoli, Panoli, Bharuch, Gujarat, 394116 through its representative, Vasantbhali Ishwarlal Patel.
... ... Respondents ======================================================
Appearance :
For the Petitioner : Mr. Y.V. Giri, Sr. Advocate with Ms. Shrishti Singh, Advocate For the Respondents : Mr. P.K. Shahi, Sr. Advocate with Mr. Vikas Kumar, Advocate Mrs. Aradhana Kumari, Advocate Mr. Akash Deep, Advocate For the State : Mr. N.H. Khan, Advocate For the Resp. No.11 : Mr. Aditya Prakash Sahay, Advocate ======================================================
##PAGE2##CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA C.A.V. JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 05-08-2026 Heard learned counsel for the parties.
2. The present writ application has been filed for the following reliefs:
"(i) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the tender condition contained in clause 2(viii) read with (ix), NIT No. BRPNNL/MZF/C029/317 dated 17.03.2025, for work against serial no. 1 & 3, issued under the signature of the Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Ltd., Work Division Muzaffarpur, for construction of rail over bridge (ROB), wherein for experience of completion of project, the stipulated financial year is 2020-21 to 2024-25 instead of 2019-20 to 2023-
24 (Annexure-P/1, Pg.31).
(ii) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the proceeding of the high level technical bid evaluation committee dated 05.05.2025, in NIT No. BRPNNL/MZF/C029/317 dated 17.03.2025 for work against serial no. 1 to the extent that the technical bid of the petitioner has been rejected for non-compliance with clause 2(ix) of the NIT (Annexure-P/7, Pg.146).
(iii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to issue a corrigendum amending the financial period against completion of work from 2020-21 to 2024-25 to 2019-20 to 2023-24 in NIT No. BRPNNL/MZF/C029/317 dated ,17.03.2025 for work against serial no. 1 & 3.
##PAGE3##(iv) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to declare the petitio