Patna High Court
Civil Procedure and EvidenceAdministrative and Public Law

Subsequent work orders subject to the writ’s outcome disclose no ground for review.

The State of Bihar through the Principal Secretary, Rural Works Department vs Gopal Kumar

Patna High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
Subsequent work orders subject to the writ’s outcome disclose no ground for review.. The State of Bihar through the Principal Secretary, Rural Works Department vs Gopal Kumar. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 2–5

The 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. 2–5

During 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. 2–5

Opposite Party No. 3’s challenge to the writ judgment was subsequently dismissed by the Supreme Court.

Source reference: para. 2–5
02

Issues

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, 9

Whether the review petitioners established an error apparent on the face of the record or another sufficient ground for review.

Source reference: para. 7–10
03

Law 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. 7–8

The 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, 6
04

Reasoning

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, 9

Their subsequent existence did not establish an error in the order under review or an analogous sufficient ground for review.

Source reference: para. 6, 9

The 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, 9
05

Holding

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. 10–12
Patna High Court

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The State of Bihar through the Principal Secretary, Rural Works DepartmentvsGopal Kumar

Patna High Court · October 13, 2026

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