Orders of Building Construction Department, Bihar Government set aside: Chief Justice P. B. Bajanthri

In M/s Harendra Construction through its Proprietor Harendra Prasad Yadav vs. The State of Bihar through its Principal Secretary, Building Construction Department, Government of Bihar & Ors. (2025), Patna High Court's Division Bench of Chief Justice P. B. Bajanthri and Justice Alok Kumar Sinha delivered a 4-page long judgement dated October 10, 2025. Justice Bajanthri concluded:''the petitioner has made out a case so as to interfere with the impugned action/order of the respondents dated 06.06.2025. Accordingly, it is set aside. Writ petition stands allowed. 4. The concerned authority is hereby directed to undertake fresh steps insofar as action to be taken. The petitioner shall co-operate in submitting a detailed reply to the show cause notice in the event of issuing fresh show cause notice. The above exercise shall be completed within a period of three months....6. Petitioner is at liberty to assail the work order stated to have been issued to the 5th respondent – Rajesh Kumar, in accordance with law.''

The judgement was authored by Justice Bajanthri. The other four respondents were: Principal Secretary, Building Construction Department, Government of Bihar, Chief Engineer, Patna, Building Construction Department, Patna, Superintending Engineer, Building Construction Department, Patna and Rajesh Kumar.

The petitioner had prayed for the following reliefs:(A) A writ in the nature of Certiorari or any other appropriate writ/s, order/s, direction/s quashing the following : (i) Order dated June 6, 2025 by way of which the Petitioner has been declared as unsuccessful candidate in the Technical BID after finding the Petitioner non-responsive in connection with Notice Inviting Tender (NIT) issued for Construction of New Panchayat Sarkar Bhawan (Civil + Electrical Work) at Bindaul Panchayat in Bihita Block Patna for the year 2024–25 and further it has been ordered to take appropriate legal action against the Petitioner under Bihar Registration of Contractor Rules (Rural Work Department), 2007. 
(B) A writ in the nature of mandamus or any other appropriate writ/s, order/s direction/s for the following reliefs:
(i) To restrain the Respondent Authorities from giving effect to the impugned Order dated June 6, 2025 containing under the Memo No. 1448 till the pendency of the Writ Petition.
(ii) To restrain the Respondent Authorities from opening of Financial Bid in connection with NIT issued for Construction of New Panchayat Sarkar Bhawan (Civil + Electrical Work) at Bindaul Panchayat in Bihita Block Patna for the year 2024–25 till the pendency of the Writ Petition.
(iii) To restrain the Respondents from taking any further steps in connection with NIT issued for Construction of New Panchayat Sarkar Bhawan (Civil + Electrical Work) at Bindaul Panchayat in Bihita Block Patna for the year 2024-25 till pendency of the instant case.
(C) To any other relief/s to which the petitioner is found entitled to.

Notably, the High Court had passed an order dated September 4, 2025. It reads: ''2. For the reasons stated in the application read with the affidavit, petitioner has assailed the work order issued to the proposed respondent No. 5–Rajesh Kumar. He is necessary and proper party insofar as challenge to the work order, therefore, I.A. No. 1 of 2025 is allowed. 3. Learned counsel for the petitioner is hereby directed to carry out necessary amendment in the cause title while adding additional respondent No. 5 – Rajesh Kumar. 4. Issue notice to respondent No. 5–Rajesh Kumar. Petitioner to remit necessary requisites under both processes, i.e. ordinary as well as registered post with A/D, for which requisites must be filed within a period of one week....6. In the meanwhile, State has to apprise this Court whether the impugned action of the respondents is speaking order after due consideration of show cause notice read with reply or not?”

Justice Bajanthri observed: ''3. Today, learned counsel for the State is not in a position to apprise whether Annexure - P/8 is after due consideration of show cause notice dated 01.04.2025 read with reply dated 02.04.2025. It is learnt that fresh show cause notice is stated to have been issued.'' In this backdrop, the Court Order set aside the order dated June 6, 2025 by way of which the Petitioner was declared as unsuccessful candidate in the Technical BID after finding the Petitioner non-responsive in connection with Notice Inviting Tender (NIT) issued for Construction of New Panchayat Sarkar Bhawan (Civil + Electrical Work) at Bindaul Panchayat in Bihita Block Patna for the year 2024–25 and the order to take appropriate legal action against the Petitioner under Bihar Registration of Contractor Rules (Rural Work Department), 2007.