IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17766 of 2017 ====================================================== M/s Reliable Concrete Corporation, having its registered office at 101, Dumdum, Cossipore road, Kolkata- 700074 (West Bengal) through its Power of Attorney Holder, Shailesh Kumar, Son of Sri Binod Kumar Singh. ... ... Petitioner/s Versus 1. The Union Of India through the Secretary, Railway Board, Ministry of Railway, Rail Bhawan, New Delhi-110001 2. The General Manager, East Central Railway, Hajipur, P.O.- Digghi Kala, P.S.- Hajipur, District- Vaishali at Hajipur, PIN Code 844101 3. The Chief Mechanical Engineer, East Central Railway, Hajipur, P.O.- Digghi Kala, P.S.- Hajipur, District- Baishali at Hajipur, PIN code-844101 4. The Divisional Railway Manager, East Central Railway, Dhanbad, P.O.- Dhanbad, P.S.- Dhanbad, District- Dhanbad (Jharkhand) 5. The Senior Divisional Mechanical Engineer, East Central Railway, Dhanbad, P.O.- Dhanbad, P.S.- Dhanbad, district- Dhanbad (Jharkhand) 6. The Divisional Fincialal Manager, East Central Railway, Dhanbad, P.O.- Dhanbad, P.S.- Dhanbad, District- Dhanbad, (Jharkhand) 7. M/S Raj Informatics Construction, Mithapur, Area, G.P.O. Patna- 800001. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Munna Pd Dixit, Adv. For the Respondent/s : Mr. Alok Kumar, Sr. CGC ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 6 12-09-2025 The Writ petition is filed for the following reliefs:- A. To issue an appropriate writ/order/ direction for declaring the allotment of Tender No. 01-MP.966-2017 dated 17.04.2017 opened on 31.05.2017 on the basis of Tabulation statement of Financial Bids closing date/time 30.05.2017 in favour of the M/s Raj Informatics Patna High Court CWJC No.17766 of 2017(6) dt.12-09-2025 2/5 Construction, Patna (Respondent No. 7) as illegal, unjust, contrary to the terms and conditions of Serial No. 5, Page No. 18 of the Tender document and Railway Board’s order dated 03.09.2015 concerning with the minimum cost of subsidized meal at the rate of Rs. 43/- and above whereas the respondent No. 7 did not fulfill the criteria of minimum rate of subsidized meal, who declared the rate at Rs. 34/- but inspite of the above, the tender has been allotted in his favour illegally. B. To issue an appropriate writ/order/ direction for declaring the allotment of Tender No. 01-MP966-2017 dated 17.04.2017 opened on 31.05.2017 on the basis of Tabulation statement of financial Bids closing date/time 30.05.2017 in favour of the M/s Raj Informatics Construction, Patna (respondent No. 7) as illegal unjust contrary to the terms and conditions of current labour wages prescribed by the Ministry of Labour & Employment, government of India, vide Order No. F.No. 1/13(3)/2017-LS0II dated 20.04.2017 whereunder for ‘B’ area and ‘C’ area under Schedule “A” and “B”, the minimum labour wage has been fixed as Rs. (437+11)/448 and Rs. (350+9)/359 which comes to Rs. 12,835.77/- and Rs. 1584.58 respectively Patna High Court CWJC No.17766 of 2017(6) dt.12-09-2025 3/5 whereas the respondent No. 7 has quoted Rs. 7,500/- & Rs. 425/- respectively although the petitioner has quoted Rs. 12,858.57/- and Rs. 1,587.39/- respectively as per the aforesaid current wages as fixed above by the Government of India but in spite of the above, violating all the rules and regulations the official respondents have allotted the said tender to M/s Raj Informatics Construction, Patna which liable to be cancelled henceforth. C. To issue an appropriate writ/order/ direction in the nature of mandamus commanding the official respondents to allot the said Tender No. 01-MP966-2017 dated 17.04.2017 in favour of the petitioner for outsourcing of running room activities (including house keeping, messing, linen washing, gardening, provisions of subsidized meals to willing occupant) of running rooms at Dhanbad and Chandrapura in Dhanbad division for three years without any further delay. D. Any other relief or reliefs may be granted in favour the petitioner for which he is legally entitled too. 2. During the course of arguments, it is contended by the Learned counsel for the Patna High Court CWJC No.17766 of 2017(6) dt.12-09-2025 4/5 respondents that the Writ petition become infructuous, as the tender which was allotted to respondent No. 7, was completed and payments were made to him, and therefore, prayed to dismiss. 3. However, the Learned counsel for the petitioner contended that the allotment of tender in favour of respondent No. 7 is void ab initio and therefore, the matter deserves to be heard on merits. 4. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents. 5. On perusal of prayers No. ‘A’ and ‘B’ also it is evident that direction is sought to declare the allotment made to the respondent as illegal and unjust. 6. Taking into consideration that the tender under challenge, has already been executed by respondent No. 7 and further, the relief sought at prayer “C”, commanding the official respondents to allot the said tender in Patna High Court CWJC No.17766 of 2017(6) dt.12-09-2025 5/5 favour of the petitioner, for outsourcing the running room activities (including housekeeping, messing, linen washing, gardening, provisions of subsidized meals to willing occupants) of running rooms at Dhanbad and Chandrapura in Dhanbad Division for three years. This Court is of the considered view that the matter has become infructuous and the question of adjudication does not arise and the period of tender has elapsed and payments were already made to the respondent. 7. Accordingly, the Writ petition stands dismissed as infructuous. AMANDEEP/- (G. Anupama Chakravarthy, J) U