IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13702 of 2025 ====================================================== M/S Maa Laxmi Construction through its Parnter namely, Neeraj Shankar, resident of 301, Near N.C.C. Canteen, A.P. Colony, P.O.-Rampur, District- Gaya, Bihar, Pincode-823001 having its registered office at Address-Vill- Kairba, P.O.-Sahobigha, P.S.-Ghoshi, Dist-Jehanabad. Present Address- Ramanand Nagar, Nijamdinpur, Jehanabad. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Minor Water Resources Department, Government of Bihar, Patna. 3. The Engineer-in-Chief, Minor Water Resources Department, Government of Bihar, Patna. 4. The Chief Engineer, Minor Water Resources Department, Patna Zone, Patna. 5. The Superintending Engineer, Minor Irrigation Circle, Gaya. 6. The Executie Engineer, Minor Irrigation Division, Gaya. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Sourav Suman, Advocate Ms. Pragati Ratra, Advocate Mr. Pranav Raj, Advocate For the Respondent/s : Mr. P.K. Shahi, Sr. Advocate Mr. Vikas Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 03-09-2025 4 03-09-2025 In the instant petition petitioner has prayed for the following reliefs: “i. Issue an appropriate writ of certiorari quashing the decision of the Departmental Tender Committee taken in its meeting dated Patna High Court CWJC No.13702 of 2025 dt.03-09-2025 2/4 28.07.2025 cancelling Tender Invitation Notice No. SBD-02/2024- 25, Group No. 49 (Tender ID-86484). ii. Issue a writ of mandamus commanding the Respondents to restore and finalize the tender process in accordance with law and conclude the work without further delay. iii. To issue appropriate writ (s)/ order (s)direction(s) in the nature of Mandamus for a mandatory injunction commanding the concerned respondents to forthwith withdraw, rescind and/or cancel the Tender bearing no. SBD- 07/2025-26 dated 30.07.2025 issued by the Respondent. iv. To further direct the respondent to dispose of the representation dated 31.07.2025 before taking any coercive action.” 2. State-respondents have floated tender for renovation of Beni Bigha, Dominia, Tarova pain Tikri, Barki Ahar Irrigation Scheme under Minor Irrigation Division, Gaya on 04.012.2024. Petitioner was one of the bidder and he was declared as ‘L-1’ on 15.07.2025, thereafter, the matter was processed among the officials. The Chief Engineer furnished the material information for the purpose of approval on 19.07.2025. Patna High Court CWJC No.13702 of 2025 dt.03-09-2025 3/4 The competent authority who has passed the impugned order has taken a decision to cancel the tender on the score that administrative approval is for a sum of Rs.411.090 lakhs whereas the amount of the bill quantity is Rs.442.34262 lakhs. This power has been exercised vide Annexure-P/6 in particularly Item No.34 and it reads as under: “fcuk dkj.k crk;s ,oa fcuk iwoZ lwpuk ds iwjh fufonk vFkok blds fdlh [kkl va'k dks fdlh Hkh Lrj ij jn~n djus ,oa foLrkfjr rFkk fjLVksj djus dk vf/kdkj v|ksgLrk{kjh@l{ke inkf/kdkjh dks lqjf{kr gksxkA” 3. In this backdrop the petitioner has assailed the action of the respondents while contending that there is an arbitrary decision on the part of the official respondent to the extent that tender was floated on 04.12.2024 they have taken more than seven months for the purpose of determining L-1 and thereafter on 15.07.2025 L-1 declared and abruptly it was cancelled on 28.07.2025 and consequential action on 30.07.2025 read with further re-notifying the tender. 4. Perusal of the records, it is not crystal to the extent whether is there any arbitrary action on the part of the respondents in so far as cancelling the NIT tender notified on 04.12.2024 or not? Reasons assigned for cancellation is strictly in terms of clause referred in Annexure-P/6 cited supra. Courts Patna High Court CWJC No.13702 of 2025 dt.03-09-2025 4/4 will usually not permit rectification after bid submission since it affects level playing field and violates Article 14. Under the Indian Contract Act a unilateral mistake is not generally rectifiable. It may be corrected if tender terms permits. 5. In the light of these facts and circumstances, the petitioner has not made out a case so as to interfere with the impugned decision dated 28.07.2025. 6. Accordingly Writ petition is dismissed. Prakash Narayan (P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 15.09.2025 Transmission Date NA