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2025 DAILYLAW 2385 (PAT)

M/s Sudha Bakery v. The Union of India

CWJC/13818/2025 · 2026-04-30

Shailendra Singh, Sudhir Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13818 of 2025 ====================================================== M/s Sudha Bakery Barbatta Bazaar, Sonpur, District- Saran, Pin Code- 841101, through its Proprietor, Arunoday Kumar, Aged about- 57 Years, Male, Son of Ganga Vishnu Anavi, Resident of Barbatta Bazaar, Police Station- Sonpur, Post Office- Sonpur, District- Saran, Pin Code- 841101. ... ... Petitioner Versus 1. The Union of India through Secretary, Ministry of Railway, Government of India, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code- 110001. 2. The Secretary, Ministry of Railway, Government of India, Rail Bhawan, 1, Raisina Road, New Delhi, Pin Code- 110001. 3. The Divisional Railway Manager, Samastipur Division. 4. The Chief Vigilance Officer, East Central Railway, Hajipur, Bihar. 5. R.R. Enterprise, through its proprietor, Sri Manoj Kumar, Gender- Male, Son of Ram Ayodhaya Sah, Resident of Anwarpur East Baghdulhan Hajipur, Police Station- Hajipur Nagar, Post Office- Hajipur, District- Vaishali. ... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Respondents : Mr. Alok Kumar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 6 30-04-2026 Heard learned counsel for the parties. 2. Following is the relief sought for in the present writ application:- "I. That the present writ application is being filed for quashing of the communication dated- 08.04.2025, received by the proprietor of the petitioner on his email address- sudhabakery.sonpur@gmail.com by which, it has been informed to the petitioner that his Patna High Court CWJC No.13818 of 2025(6) dt.30-04-2026 2/4 Techno Commercial Bid against Tender No. C- 470-GMU-91-RXL-2025, which was due on 24.01.2025, at 15:00 Hrs. has been found technically unsuitable due to the reason that the bid has been found unresponsive as per the tender document. The aforesaid communication has been made on the email of the petitioner i.e.. sudhabakery.sonpur@gmail.com by E-tender, Samastipur Division- Commercial /East Central Railway without giving any notice to the petitioner or disclosing any reason as to why the bid has been found non-responsive as tender document. II. For allotment of techno commercial bid against tender number C-470-GMU-91-RXL- 2025, which has been made in favour of Respondent No. 5 illegally and in arbitrary exercise of power by the respondent Railway authorities notwithstanding the fact that the petitioner has quoted lower rate for doing aforesaid work, than the respondent number 5. The petitioner also prays that respondent authority of railway may be directed to produce the letter of allotment of bid in favour of respondent number 5 and same may be quashed by an order of this Hon'ble Court. III. That the petitioner further prays for direction upon the respondents which this Hon'ble Court may deems fit and proper in the facts and circumstances of the present case in accordance with law." Patna High Court CWJC No.13818 of 2025(6) dt.30-04-2026 3/4 3. A counter affidavit has been filed on behalf of the Respondnets-State, wherein a Tender Decision dated 25.07.2025 has been brought on record. The relevant part of the said decision reads as follows:- "5.0. DISCUSSION ON OFFERS Bid Security/Security Deposit and performance gurantee and may also lead to any of the action provides in the contract including banning of . 5.2 In continuation with TC minutes dated 07.04.2025 further deliberation are as under:- • Convenor States that GMU-91, which is located at Raxual Railway station at PF-01 (Near Pole no. 08), may need to be shifted or relocated due to redevelopment work under Amrit Bharat Station Scheme. • It was further noted that the new location of GMU-91 cannot be determined at this stage (letter attached). 6.0 संसतुतत RECOMMENDATIONS 6.1 In light of above discussion, the tender may be discharged and a fresh tender will be initiated after decision of new location." 4. Upon perusal of the aforesaid, it is apparent that the tender in question itself has been discharged, rendering the present writ application infructuous. 5. Accordingly, the present writ application stands disposed of as having become infructuous. Patna High Court CWJC No.13818 of 2025(6) dt.30-04-2026 4/4 6. Pending application(s), if any, shall also stand disposed of. Gaurav Kumar/- (Sudhir Singh, J.) (Shailendra Singh, J.) U