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Patna High Court

M/S Ravi Construction vs The State Of Bihar on 9 September, 2025

Author: Alok Kumar Sinha

Bench: Alok Kumar Sinha

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8041 of 2025
     ======================================================
     M/s Ravi Construction through Propreiter Raj Kumar Prasad aged about 50
     years, Son of Tilak Prasad, Resident of Village-Amwa Nakchhed, P.O.-Amwa
     Nakchhed P.S.- Gopalganj Sadar District-Gopalganj.

                                                                    ... ... Petitioner
                                       Versus

1.   The State of Bihar through the Principal Secretary, Rural Works Department,
     Bihar, Patna.
2.   The Secretary, Rural Works Department, Bihar, Patna.
3.   The Joint Secretary, Rural Works Department, Bihar, Patna.
4.   The Engineer-in-Chief Cum Additional Commissioner-Cum-Special
     Secretary, Rural Works Department, Bihar, Patna.
5.   The Chief Engineer, Rural Works Department, Muzaffarpur.
6.   The Superintendent Engineer, Rural Works Department, Work Circle, Siwan.
7.   The Executive Engineer, Rural Works Department, Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. P.N. Shahi, Sr. Advocate
                                   Mr. Pushkar Prashant, Advocate
     For the Respondent/s   :      Mr. Government Advocate (5)
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
     ORAL JUDGMENT
     (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

      Date : 09-09-2025

                       In the instant Writ petition, petitioner has prayed

      for the following relief(s):-

                                   "(i) to issue writ in the nature of
                       mandamus directing the respondents to consider
                       the reply filed by the petitioner against the
                       objection raised in memo No.873 dated 07.04.2025
                       issued by Technical Bid Tender Committee whereby
 Patna High Court CWJC No.8041 of 2025 dt.09-09-2025
                                            2/3




                         and whereunder the technical bid of petitioner is
                         declared ineligible in the light of clause-4.4 A(a)
                         and 4.7(i) of CMBD with respect to tender Ref. No.
                         RRSMP/24-25 Gopalganj-2/04, Tender ID 2025-
                         RWD-139199-1.
                                         (ii) To quash the memo No.873 dated
                         07.04.2025

issued by Technical Bid Tender Committee whereby and whereunder the petitioner is declared ineligible on the basis of turn over in A.T.O. for financial year 2019-20 is Rs.4,39,18,118/- for UDIN-

20400152AAAABW5161 as online application of UDIN shows Rs.43,98,118/- which shows it is wrong and the technical bid is declared invalid in the light of clause-4.4 A(a) and 4.7(i) of CMBD with respect to Tender Ref. No. RRSMP/24-25 Gopalganj-2/04, tender ID-2025-RWD-139199-1.

(iii) To direct the respondent to declare petitioner eligible for financial bid in N.I.T. considering the error is human and also verify the balance sheet annexed by petitioner which clearly shows error is human/typing error.

(iv) To direct the respondent to enquire the balance sheet and reply filed by petitioner and after enquiry to declare petitioner eligible for financial bid as there is no any further complain about the petitioner.

(v) To grant any other relief/reliefs for which the petitioner is entitled in the facts and circumstances of the case."

Patna High Court CWJC No.8041 of 2025 dt.09-09-2025 3/3

2. The petitioner's Technical Bid has been turned down on the score that he has inadvertently quoted wrong figure in respect of turn over with respect to UDIN. The same cannot be curable in the light of Hon'ble Supreme Court decision in the case of ABCI Infrastructures Private Limited Versus Union of India and Others reported in (2025) 6 Supreme Court Cases 813.

3. Accordingly, petitioner has not made out a case so as to interfere with the impugned action of the Respondents insofar as rejection of Technical Bid. Accordingly, Writ petition stands dismissed.

4. Pending I.As, if any, stands disposed of.

(P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) manish/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A
Uploading Date          11.09.2025
Transmission Date       N.A