Facts
The State sought review of the order dated 2 April 2026 allowing Gopal Kumar’s writ petition and setting aside decisions dated 6 October and 2 December 2025.
Source reference: para. 2–5The State relied on a work order issued on 12 December 2025 to Opposite Party No. 3, followed by an agreement that day.
Source reference: para. 2–5During the writ proceedings, however, the Court had directed that any further action pursuant to the tender would remain subject to the outcome of the writ petition.
Source reference: para. 2–5Opposite Party No. 3’s challenge to the writ judgment was subsequently dismissed by the Supreme Court.
Source reference: para. 2–5Issues
Whether the work order and consequential agreement issued during the pendency of the writ petition disclosed a ground for reviewing the order allowing the petition.
Source reference: para. 3–4, 6, 9Whether the review petitioners established an error apparent on the face of the record or another sufficient ground for review.
Source reference: para. 7–10Law Applied
The Court applied the settled grounds for review, referring to Order XLVII Rule 1 of the Code of Civil Procedure: discovery of important new matter or evidence that could not, despite due diligence, have been produced earlier; an error apparent on the face of the record; or another sufficient reason.
Source reference: para. 7–8“Any other sufficient reason” is confined to grounds analogous to those specified in the rule.
Source reference: para. 7–8The Court also applied its earlier direction that further action pursuant to the tender would be subject to the writ petition’s outcome.
Source reference: para. 4, 6Reasoning
The work order and agreement were issued while the writ petition was pending and were therefore subject to its final outcome under the Court’s express direction.
Source reference: para. 6, 9Their subsequent existence did not establish an error in the order under review or an analogous sufficient ground for review.
Source reference: para. 6, 9The Supreme Court’s dismissal of Opposite Party No. 3’s special leave petition was also noted; the State’s reliance on the work order and agreement remained insufficient to warrant review.
Source reference: para. 6, 9Holding
The Court held that no ground for review was made out and dismissed the civil review application.
Any pending applications were also disposed of.
Source reference: para. 10–12Original Court PDF
The State of Bihar through the Principal Secretary, Rural Works DepartmentvsGopal Kumar
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
