Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The indefinite blacklisting order is ultra vires and was set aside, with the matter remitted for a fresh order specifying a reasonable period.
Summary
The petitioner, Kundan Kumar, challenged a letter dated 23.08.2024 issued by the Commissioner of Chapra Municipal Corporation that placed him on a blacklist prohibiting participation in any future contractual or tender work for an indefinite period. He sought a writ of certiorari to quash the order and to be allowed to perform contractual work under an existing agreement. The petitioner argued that an indefinite blacklist is arbitrary and contrary to the Supreme Court’s decision in Kulja Industries Ltd. v. Chief General Manager, which requires a specified and reasonable period for such bans. The respondents could not point to any statutory provision authorizing an indefinite blacklist and did not contest the claim that the ban was indefinite. Relying on the principle of proportionality and fairness, the Court held the order illegal and set it aside, directing the competent authority to issue a fresh, reasoned order with a definite period if any. Consequently, the writ application was allowed and the matter remitted for fresh consideration.
Issues considered
- Whether an administrative order imposing blacklisting for an indefinite period is legally valid.
- Whether the authority had any statutory power to impose such an indefinite blacklist.
- Whether the indefinite blacklist violates principles of fairness, proportionality, and due process as laid down by the Supreme Court.
- Whether the writ of certiorari should be issued to quash the impugned order.
Subjects
- blacklisting
- certiorari
- proportionality
- administrative law
- indefinite ban
- municipal corporation
- contractual work
- due process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1016 of 2025
======================================================
Kundan Kumar Son of Shri Madan Singh Resident of Village- Manjhopur,
Parauna, Police Station- Tareya, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principle Secretary, Urban Development
Department, Government of Bihar, Patna.
2. The Municipal Corporation Chapra, through its Commissioner, Saran at
Chapra.
3. The Commissioner, Chapra Municipal Corporation.
4. The Executive Engineer, Urban Development Division-1, Saran, Chapra.
5. The Assistant Engineer, Urban Development Division-1, Saran, Chapra.
6. The Junior Engineer, Urban Development Division-1, Saran, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Tewary, Advocate
Mr. Subhash Kumar, Advocate
Ms. Akansha Varma, Advocate
For the State : Mr. Arvind Kumar, Advocate
For the Municipal Corp. : Ms. Indu Bhushan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
9 04-05-2026 Heard learned counsel for the parties.
2. Following is the relief sought for in the present writ
application:-
“i. For issuance of writ in the nature of
certiorari for quashing the letter No. 2010 dated
23.08.2024 issued by Commissioner, Municipal
Patna High Court CWJC No.1016 of 2025(9) dt.04-05-2026
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Corporation, Chapra whereby and whereunder
petitioner has been declared black listed for any
contractual work/ participate in Tender work in
future for indefinite period.
ii. For issuance of an appropriate writ
for commanding and directing the respondent to
allow the petitioner to perform the contractual work
according to agreement executed by the respondent
No. 4 with petitioner.
iii. For issuance of any other
relief/reliefs which may deems fit and proper to the
facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that the
impugned order suffers from a fundamental legal infirmity,
inasmuch as it directs blacklisting of the petitioner for an
indefinite period. It is submitted that such an order is ex facie
arbitrary and unsustainable in law. Reliance is placed upon the
judgment of the Hon’ble Supreme Court in Kulja Industries
Limited v. Chief General Manager, Western Telecom Project
BSNL & Ors., reported in (2014) 14 SCC 731, wherein it has
been categorically held that an order of blacklisting must be for
a specified and reasonable period, and that imposition of an
indefinite or perpetual ban is impermissible and violative of
principles of fairness and proportionality.
4. It is noteworthy that the aforesaid contention of the
petitioner, with regard to the imposition of blacklisting for an
Patna High Court CWJC No.1016 of 2025(9) dt.04-05-2026
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indefinite period, has not been disputed by the learned counsel
appearing on behalf of the respondents.
5. Furthermore, upon a specific query made by this
Court as to the statutory provision or rule under which such
indefinite blacklisting could be justified, the learned counsel for
the respondents were unable to point out any enabling provision
or legal basis authorizing the same. This further reinforces the
position that the impugned action lacks statutory backing and is
legally untenable.
6. In view of the aforesaid facts and circumstances,
and taking into consideration the settled position of law as laid
down by the Hon’ble Supreme Court in Kulja Industries
Limited (supra), the impugned order dated 23.08.2024 cannot
be sustained and is accordingly set aside.
7. The matter is remitted back to the competent
authority to pass a fresh, reasoned order strictly in accordance
with law, after affording due opportunity to the petitioner, and
keeping in mind the principles governing blacklisting, including
proportionality and the requirement of specifying a definite
period, as enunciated in the aforesaid judgment.
8. With the aforesaid observation and direction, the
present writ application stands allowed.
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9. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Sachin/-
U
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