M/S S. S. Enterprises vs. The State Of Bihar
Original PDF →Facts
The petitioner, M/s S. S. Enterprises, filed a writ petition challenging a communication dated January 8, 2026, which disqualified them during the evaluation of Cover-I for a tender. The tender was for the empanelment and fixation of rates for the supply of Honeybee Colony (Box + Hives) and Honey Extractor Food Grade Container for FY 2025-26 in Bihar. The reasons for disqualification included a lack of proof of office address, experience of Honey Extractor bills/invoices without GST payments on tax invoices, and discrepancies between invoices and bank statements. The petitioner sought to have this disqualification set aside, to be declared qualified, and for their financial bid to be opened and accepted.
Held
The Court noted that during the pendency of the writ petition, the tender in question had been cancelled by the competent authority. Consequently, the Court found that the matter had become infructuous as the tender no longer survived. Therefore, no further orders were required to be passed in the writ application. The Court disposed of the writ petition as having become infructuous. No specific findings were made on the merits of the disqualification grounds or the petitioner's eligibility. Any pending applications were also disposed of.
Key Issues
1. Whether the disqualification of the petitioner from the tender process was arbitrary and illegal, violating principles of natural justice and fair competition, particularly concerning the grounds of lacking proof of office address, absence of GST payments on experience invoices, and discrepancies between invoices and bank statements? (Question of law and fact, turning on tender conditions and administrative law principles). Petitioner's Arguments: The petitioner contended that their disqualification was unjustified. They sought a direction to be declared qualified, their financial bid to be opened, and for them to be empanelled as a successful bidder. Respondent's Arguments: The respondent authorities did not present arguments in the judgment. However, the communication dated January 8, 2026, indicated the reasons for disqualification. During the proceedings, it was submitted by the petitioner's counsel that the tender in question had already been cancelled by the competent authority.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 2 12-02-2026 Heard learned counsels for the parties.
The present writ petition has been filed for the 2/3 following reliefs:- (i) For setting aside communication dated 08.01.2026 whereby and where-under it has been informed that petitioner has been disqualified during evaluation of Tender for Cover-I from Notice Inviting "empanelment and fixation of rate for supply of Honeybee Colony (Box + Hives) Honey Extractor Food Grade Container for FY 2025-26 in the State of Bihar" (Work in Question), for following reasons:-
No proof of office address is available.
Experience of Honey Extractor Bills/ invoices are without GST payments in Tax invoice.
Invoices are with Bank Statements are not matching. (ii) For direction to the respondent authorities to declare the petitioner qualified in evaluation of Cover-I of aforesaid tender Thereafter, open his financial bid and empaneled him as a successful bidder in the work in question.
In course of arguments, learned counsel for the petitioner submits that during the pendency of the present writ application, the tender in question has already been cancelled by the competent authority.
In view of the aforesaid submission, and considering that the tender itself no longer survives, no further order is required to be passed in the present writ application as the matter has become infructuous.
Accordingly, the present writ application stands 3/3 disposed of as having become infructuous.
Pending application(s), if any, shall also stand disposed of.
Suruchi/ Anushka/- (Sudhir Singh, J) (Rajesh Kumar Verma, J) U
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.