Patna High Court
M/s Siyaram ConstructionversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The writ petition is dismissed as it was filed at an inordinate and unexplained delay, and therefore the black‑listing order stands.
Summary
M/s Siyaram Construction, through its partner Amit Kumar, filed a writ petition challenging a Show Cause Notice dated 17‑10‑2022 and a subsequent black‑listing order dated 13‑04‑2023 issued by officials of the Bihar Minor Irrigation Department under the Bihar Contractors Registration Rules, 2007. The petitioner sought quashing of both the notice and the black‑listing order and a restraining order against any coercive action during the pendency of the writ. The High Court observed that the petition was filed in 2026, more than three years after the impugned order, and that no satisfactory explanation for the inordinate delay was provided. Relying on the principle that writ courts will not entertain proceedings where there is an unexplained lapse of time, the Court dismissed the writ application. Consequently, the black‑listing order remains in force and any pending applications, if any, were also ordered disposed.
Issues considered
- Whether the writ petition challenging the Show Cause Notice and black‑listing order can be entertained despite the delay of over three years.
- Whether the Show Cause Notice and the consequent black‑listing order are liable to be quashed on the ground of procedural infirmity.
Legislation cited
Subjects
- blacklisting
- show cause notice
- administrative law
- delay in filing
- contractors registration
- writ jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1086 of 2026
======================================================
M/s Siyaram Construction through its partner Amit Kumar, aged about 42
years, S/o- Late Birendra Singh, Resident of-Lakhibagh, P.S.- Muffasil,
Manpur, District- Gaya, Bihar.
... ... Petitioner
Versus
1. The State of Bihar through Additional Chief Secretary, Minor Irrigation
Department, Government of Bihar, Patna.
2. The Engineer in Chief, Minor Irrigation Department, Government of Bihar,
Patna.
3. The Chief Engineer (Planning and Monitoring and Geology), Minor
Irrigation Department Government of Bihar, Patna.
4. The Then In-charge Chief Engineer (Planning and Monitoring and Geology)
Minor Irrigation Department Government of Bihar, Patna.
5. The Executive Engineer, Minor Irrigation Division, Gaya.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Shambhu Narayan Singh, Advocate
For the Respondents : Mr. Government Pleader (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 05-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs have been sought for by the
petitioner in the present writ application:
“1(i) For issuance of an appropriate writ for
quashing of the Show Cause dated
17.10.2022 contained in Letter No. 2375
issued by the Executive Engineer, Minor
Irrigation Division, Gaya (Annexure-P/1)
Patna High Court CWJC No.1086 of 2026(2) dt.05-02-2026
2/3
whereby the petitioner has been asked to
show cause as to why for the alleged act of
tampering/interpolating in the Performance
Certificate which is not as per the terms of
the Tender, appropriate action under Bihar
Contractors Registration Rules, 2007 and
I.P.C/Cr.P.C. be not taken;
(ii) For issuance of an appropriate writ for
quashing of the consequential order dated
13.04.2023 contained in Letter No. 305
(Annexure-P/2) by which, the then In-charge
Chief Engineer, Minor Irrigation
Department, Patna (Respondent No. 4)) has
black listed the registration of the petitioner
for a period of 10 years in terms of Rule
11(a)(vii) of the Bihar Contractors
Registration Rules, 2007 on the basis of a
Show Cause Notice issued by an incompetent
authority and without even referring to the
causes shown by the petitioner.
(iii) For issuance of an appropriate writ for
restraining the respondents from giving effect
to taking any percipitative/coercive action
arising out of the aforesaid order of
blacklisting and the dispute during the
pendency of the present writ application
and/or without the leave of this Hon’ble
Court.
(iv) For issuance of any other appropriate
writ/writs, order/orders, direction/directions,
Patna High Court CWJC No.1086 of 2026(2) dt.05-02-2026
3/3
relief/reliefs as Your Lordship may deem fit
and proper in the facts and circumstances of
the case.”
3. The petitioner was blacklisted vide order dated
13.04.2023 (Annexure-P/2). The present writ application has
been instituted assailing the aforesaid order only in the year
2026.
4. We find no satisfactory explanation for inordinate
delay. In view of unexplained lapses of a considerable period of
time, this Court finds no reason to entertain the present writ
application at this belated stage.
5. Accordingly, the present writ application stands
dismissed.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
U.K./-
U T
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