Mohan Mishra vs The State Of Bihar
2025 Latest Caselaw 1921 Patna

Patna High Court

Mohan Mishra vs The State Of Bihar on 21 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2009 of 2025
     ======================================================
     Mohan Mishra, Son of Late Raghunath Mishra, Resident of Station Road,
     Mishra Market, Dumraon, District Buxar (Bihar), Pin Code-802119.

                                                                 ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2.   The Principal Secretary, Urban Development and Housing Department,
     Govt. of Bihar.
3.   The Superintendent of Police, Vigilance, Patna.
4.   The District Magistrate, Buxar.
5.   The Executive Officer-Cum-Administrator, Nagar Parishad, Dumraon,
     Buxar.
6.   The Secretary, Krishi Education and Health Seva Sansthaan, P.S - Sri
     Krishna Puri, 800013, Patna.
7.   The Chairman, Shivam Jan Swasthya aur Sarvangeen Vikas Kendra, P.S.-
     Sri Krishna Puri, Dist.- Patna (Bihar)-, 800013, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr.Abhay Kumar Upadhyay, Advocate
                                    Mr. Uttam Kumar, Advocate
     For the State          :       Mr. P.K. Shahi, Advocate General
     For the Nagar Parishad :       Mr. Ashok Kumar, Advocate
     For the Vigilance      :       Mr. Anil Singh, Advocate
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 21-02-2025

The petitioner, in public interest, seeks

indulgence of this Court in directing for an inquiry with

respect to assignment/allotment of the work of door-to-

door waste collection to only a chosen few.

2. From the own showing of the petitioner, it Patna High Court CWJC No.2009 of 2025 dt.21-02-2025

appears that on several occasions, short term tenders

were floated, but those had to be cancelled because of

non-participation of the bidders. Ultimately, with some

stringent conditions, a tender was floated requiring the

contractor/bidder to have 15 years' experience in the

work of segregating solid waste from the garbage and

collecting the garbage from door-to-door and dumping it

at one place.

3. The grievance of the petitioner is that with

such onerous condition in the tender document, young

and budding agencies have been excluded at the

threshold, which is not good for the commercial life of the

city.

4. The other grievance is that despite the tenure

of the work having been completed with respect to some

of the agencies who were allotted work, they were given

extension without any valid reason and there had been no

documentation for such extension.

5. It appears that this is a litigation on behalf of Patna High Court CWJC No.2009 of 2025 dt.21-02-2025

persons who could not bag the contract for door-to-door

garbage collection.

6. There does not appear to us, in this matter,

any public interest involved.

7. The writ petition is dismissed.

(Ashutosh Kumar, ACJ)

(Partha Sarthy, J) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          24.02.2025
Transmission Date