Patna High Court
Kameshwar Singh vs The State Of Bihar on 6 May, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1954 of 2025
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1. Kameshwar Singh S/o Late Jayant Singh, R/o village- Patpariya, P.S.
Muffasil, District - East Champaran.
2. Sujay Kumar Deo, S/o Late Rama Rajendra Singh, R/o village- Bara Chakia,
P.S. Bara Chakia, District- East Champaran.
3. Jagan Prasad, S/o Late Rama Ramashish Prasad Kushwaha, R/o village-
Bhagwanpur, P.S. Madhuban, District - East Champaran.
4. Sanjiv Kumar Singh, S/o Laliteshwar Singh, R/o village- Padumker, P.S.
Pach Pakri, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Rural Work Department, Government of Bihar.
3. The Engineer-in-Chief, Rural Work Department, Government of Bihar.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 6026 of 2025
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1. Naval Kishore Son of Basudeo Prasad Yadav, Resident of Rajendra Nagar
Madhubani, P.S. - Purnia, District - Purnia.
2. Navratna Kumar, Son of Durga Prasad Singh, Resident of Rajendra Nagar
Madhubani, P.S. - Purnia, District - Purnia.
3. Lekhchandra Kumar, Son of Suresh Singh, resident of Godhna Road Anaith,
P.S. - Aarah, District - Bhojpur.
4. Shanu Kumar, Son of Amlendra Kumar Choudhary, resident of 83 Damaili
Mirgani, P.S. - Mirganj, District- Purnia.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Rural Works
Department, Government of Bihar, Patna, Bihar.
2. The Additional Chief Secretary, Rural Works Department, Government of
Bihar, Vishweshwarai Bhawan, Patna, Bihar.
Patna High Court CWJC No.1954 of 2025 dt.06-05-2025
2/5
3. The Engineer in Chief, Rural Works Department, Government of Bihar,
Vishweshwarai Bhawan, Patna, Bihar.
4. The Chief Engineer-1, Rural Works Department, Government of Bihar,
Vishweshwarai Bhawan, Patna, Bihar.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 1954 of 2025)
For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate
Ms. Priyanka Singh, Advocate
For the Respondent/s : Mr. Government Advocate 5
(In Civil Writ Jurisdiction Case No. 6026 of 2025)
For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate
Mr. Alok Kumar Rahi, Advocate
For the Respondent/s : Mr. Government Advocate 5
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 06-05-2025
Both the writ petitions have been heard
together and are being disposed off by this common
judgment.
2. We have heard Mr. Yogesh Chandra Verma
and Mr. Rajendra Narain, the learned Senior Advocates
for the respective writ petitioners. The State and the
Patna High Court CWJC No.1954 of 2025 dt.06-05-2025
respondents have been represented through their
respective counsel.
3. The primary concern of the petitioners is
that the Notice Inviting Tender No. RWD/MMGSY
(AWSESH)/HQ/ET/2024-25/08 is in the form of a global
tender which incorporates even smaller works and the
natural consequence of floating such large tender is
complete exclusion of class II and III contractors from
participating in the bid.
4. We fail to understand as to how this could be
a cause of action to be entertained by Courts of law.
5. The Engineer-in-Chief, Rural Works
Department on behalf of the Government of Bihar has
invited the SBD based percentage rate tender in
electronic tendering system under Mukhyamantri Gram
Sampark Yojna (AWSESH) for a cluster of works of road
construction including their maintenance for five years,
which has been detailed in the tender document. The
eligibility condition for the bidders has also been specified.
Patna High Court CWJC No.1954 of 2025 dt.06-05-2025
6. Merely because the tender is for a cluster of
works in the entire State of Bihar, which would require
any bidder to have large resources, that would be no
ground to find fault with it.
7. There is no policy decision of the State,
pointed out by the petitioners, which would govern such
works for it to be truncated into smaller units for the
benefit of class II and III contractors.
8. Petty contractors are also recognized in the
system, but that does not necessarily mean that the State
would be under an obligation to provide requisite feed to
them.
9. Floating a large tender does not amount to
ousting smaller contractors.
10. The concept of economies of scale may or
may not form the basis for the State to take a decision in
that regard. The fact of the matter remains that these
would fall squarely within the domain of the policy
decision of this State in commercial matters, which
Patna High Court CWJC No.1954 of 2025 dt.06-05-2025
cannot be interfered with on a mistaken notion that in a
welfare state, a contract work, as if treated as a largesse
to the contractors, should be truncated and made into
small work contracts, so as to feed the battery of smaller
contractors, who, otherwise, would not find requisite
work.
11. We find no merit in both the petitions and,
thus, dismiss both of them.
12. Interlocutory application/s, if any, in both
the writ petitions, also stand disposed off accordingly.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sauravkrsinha/
Praveen-II-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.05.2025
Transmission Date NA
