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Patna High Court
Pramod Kumar Premi vs The State Of Bihar on 4 February, 2026
Author: Sudhir Singh
Bench: Sudhir Singh, Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16785 of 2025
======================================================
Pramod Kumar Premi, Son of Rajendra Bhagat, Resident of Village and P.O.-
Chotki Badhona, Ward No. 06, P.S.- Chausa, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Rural Works
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Rural Works Department, Government of
Bihar, Patna.
3. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special
Secretary, Rural works Department, Government of Bihar, Patna.
4. The Chief Engineer- 4, Rural Works Department, Purnea.
5. The Superintending Engineer, Rural Works Department, Work Circle,
Madhepura.
6. The Nodal Officer, MMGSUY, Rural Works Department, Bihar, Patna.
7. The Executive Engineer, Work Division- Udakishanganj, District-
Madhepura.
8. Saroj Kumar Yadav, S/o Ram Narayan Yadav, R/o- At Vikramsher, Ward No.
08, P.O.- Bharphori, P.S.- Andhramath Kukur Doura, District- Madhubani,
Pin- 847108.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Smt. Namrata Mishra, Sr. Advocate
Mr.Alok Ranjan, Advocate
For the State : Mr. Amish Kumar, Advocate
For the Respondent No.8: Mr. Anand Kumar Ojha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Date : 04-02-2026
Heard learned counsel for the parties.
2. Following reliefs have been sought in the present
writ application:
"i. For quashing memo as contained in Memo No. 3725
Patna High Court CWJC No.16785 of 2025 dt.04-02-2026
2/7
dated 26.09.2025 issued under the signature of the
Engineer-in-Chief, cum-Additional Commissioner-cum-
Special Secretary, Rural works Department,
Government of Bihar, Patna and other officials
(Technical Bid Committee) uploaded on internet site of
the Department, on 26.09.2025 after 17.54 PM as
evident from digital signature after opening of
Financial bid, whereby and where under the complaint
filed on behalf of the petitioner against respondent no.
8, has erroneously been rejected, to favor him by the
respondent authorities, in spite of the fact that
respondent no.8 have furnished wrong details (played
fraud), have furnished documents without of any
signature and annexed audit report without of any
UDIN No., without the UDIN no. the veracity of the
document cannot be verified, and payment certificate
annexed by respondent no. 8 does not contain signature
of issuing authority, which is mandatory requirement to
be considered for award of work or to participate in the
tender process.
ii). For quashing of the decision of the respondent
authorities dated 26.09.2025 at about 05.53 PM,
whereby and where under financial bid of the petitioner
along with respondent no. 8 have been opened and
respondent no. 8 has been declared as L1, in a very
arbitrary, illegal, discriminatory manner, being biased
as against the petitioner, without even informing to the
petitioner about disposal of the complaint to the
petitioner, moreover, the same was uploaded on the
website after decision of the technical bid committee
considering respondent no.8 as financially qualified.
iii). For directing and commanding the respondent
authorities to award work order in favor of the
petitioner, as the petitioner possesses requisite criteria
for grant of work (Tender ID-143336) (RRSMP-11/25-
Patna High Court CWJC No.16785 of 2025 dt.04-02-2026
3/7
26 Udakishanganj/01) and is duly qualified in technical
and was erroneously declared as 12 and proceed
further with the tender and get the agreement executed,
allow the petitioner to carry out and complete the work,
for which petitioner possesses the requisite criteria.
iv. For declaration that the decisions of the authorities
dated 26.09.2025 (Technical Bid) and 26.09.2025
(Financial Bid) uploaded on official website 17.54PM
and 17.53PM respectively as totally baseless, illegal,
arbitrary, discriminatory as against the petitioner,
biased as against the petitioner, as well as colorable
exercise of power and in contravention of Clause 32 of
the NIT.
v. For any other relief or reliefs for which the petitioner
is entitled under law in the facts and circumstances of
the present case."
3. The brief facts of the case are that the petitioner had
participated in NIT No. RRSMP -11/2025 dated 03.07.2025, and
was declared technically qualified along with two other bidders.
The petitioner had filed a complaint against Respondent No. 8
on his being declared as technically successful bidder. The said
complaint was examined by the Technical Bid Evaluation
Committee (for short the 'Committee') and upon consideration
of the materials on record the committee passed an order dated
26.09.2025
, which is under challenge.
4. It has been submitted on behalf of the petitioner
that there had been certain suppression of facts on the part of the
Respondent No. 8. It is submitted that the Respondent No. 8 had
Patna High Court CWJC No.16785 of 2025 dt.04-02-2026
not submitted documents in consonance with the terms of NIT;
The Audit Report submitted by the petitioner did not bear a
UDIN number, and the Payment Certificate submitted by the
petitioner appears to be forged.
5. A counter affidavit has been filed on behalf of
Respondent Nos. 5 to 7. Paragraphs 7, 8 and 9 thereof read as
under:
"7. That soon after the communication of the aforesaid
decision the petitioner filed his objections/complaints
vide his letter dated 12.09.2025 against the bidder
namely Saroj Kumar Yadav making allegation therein
that the Respondent No. 8 has committed irregularities
and requested to verify the document uploaded by
Respondent No. 8.
8. That considering the complaint filed by the petitioner
the tender documents uploaded by the Respondent No. 8
were duly verified by the Committee during which it
transpired that the amount of financial year 2019-20
was mentioned on the attached Turnover Certificate of
financial year 2019-20 to 2023-24 and on verification
of UDIN mentioned on it, the same amount (Rs.
307.81958) was displayed. The amount of 'By Gross
Received Civil Contract works' was mentioned as Rs
1865.40205 lakh on the Contract and Profit & Loss
account of the financial year 2023-24, on which the
same amount was displayed during the verification of
the UDIN mentioned on it. The total amount of the
Payment Certificate (signed by the competent authority)
for the financial, year 2023-24 attached by the
Respondent No. 8 in the tender is Rs. 1027.23297 lakh
(Gross Amount) which is more than the amount of civil
Patna High Court CWJC No.16785 of 2025 dt.04-02-2026
work desired in this tender (Rs. 174.64689 lakh). The
attached payment certificates for Supaul and Phulpanas
were verified by the Executive Engineers concerned
which was found to be valid and correct.
9.That after verifying the documents uploaded by
Respondent No. 8 the Technical Bid Evaluation
Committee, re-convened its meeting on 26.09.2025 and
again declared all the bidders qualified including the
Respondent No. 8 vide decision communicated Memo
No. 3725 dated 26.09.2025."
6. Upon consideration of the submissions and the
materials on record put forth by both the parties, we find that
there is no suppression of fact made whatsoever by the
Respondent No. 8. The respondent authorities vide Annexure -
P/6 had passed a speaking order taking into account the
allegations/objections made by the petitioner. The respondent
authorities had verified the documents which had been
submitted by the Respondent No. 8 in light of such objections.
The relevant portion of Annexure - P/6 is reproduced as under:
"वसतु ससससत यह है सक सनसवदाकार Saroj Kumar Yadav (Bid
Id-626386) दारा सनसवदा मे सं लगन :-
सवतीय वरर 2019-20 के Audit Report के कागजात पर
UDIN अं सकत नहीं है परं तु सवतीय वरर 2019-20 से 2023-24 के
सं लगन Turnover Certificate पर सवतीय वरर 2019-20 की रासश
अं सकत है तसा इसपर अं सकत UDIN के सतयापन मे समान रासश
(र० 307.81956) प्रदरर्शित होता है ।
Patna High Court CWJC No.16785 of 2025 dt.04-02-2026
सवतीय वरर 2023-24 के Contract and Profit & Loss
account के कागजात पर By Gross Received Civil Contract
works की रासश 1865.40205 लाख अं सकत है , सजसपर अं सकत
UDIN के सतयापन मे समान रासश प्रदरर्शित होता है ।
सनसवदाकार दारा सनसवदा मे सं लगन सवतीय वरर 2023-24 के
Payment Certificate (सकम प्रप्राधधिकप्रार दारा हसताकसरत) की
कुल रासश 1027.23297 लाख (Grosss Amount) है जो इस
सनसवदा मे वां सछत Civil work की रासश (र0 174.64689 लाख)
से असधक है ।
सु पौल एवं Phulparas का सं लगन Payment Certificate पर
सकम प्रप्राधधिकप्रार का हसताकर नहीं रहने के कारण इसे consider
नहीं सकया जा सकता है । इस सं बंध मे कायरपालक असभयं ता,
गप्राममीण कायर सवभाग, कायर प्रममडल-सु पौल दारा सं लगन
Payment certificate पर अं सकत सकया गया:- verified and
found correct तसा कायरपालक असभयं ता- फुलपरास दारा भी
उकत payment certificate को सतयासपत सकया गया है ।"
7. In light of the discussions made above, it is
apparent that the documents uploaded by the respondent no. 8 is
duly examined and verified by the committee. We, therefore,
find no infirmity in the impugned order issued by the respondent
department. As such, no reason is made out to interfere in the
tender process.
8. It won't be out of place to indicate here that the
financial bid has also been opened, Respondent No. 8 has been
Patna High Court CWJC No.16785 of 2025 dt.04-02-2026
declared to be L1 and work order dated 05.10.2025 has also
been issued in his favour by the Department. The said work
order has not been challenged in the present writ application.
9. In view of the aforesaid facts and circumstances,
we find no merit in the present writ application.
10. Accordingly, the present writ application stands
dismissed.
11. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Sujit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.02.2026
Transmission Date NA
