Patna High Court
M/s Want Media SolutionversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
Holding
The appellate authority's order dismissing the appeal on the ground of delay is set aside and the matter remanded for fresh consideration with condonation of the 30‑day delay.
Summary
M/s Want Media Solution challenged the suspension of its contractor registration for two years, which was effected by the Engineer‑Chief of the Bihar Building Construction Department through a letter dated 02.01.2025. The petitioner appealed the suspension to the Secretary of the Building Construction Department, but the appellate authority dismissed the appeal on the ground of a 30‑day delay without condoning the delay or considering the merits. The petitioner filed a writ petition seeking certiorari, mandamus and a stay of the suspension. The High Court held that the appellate authority should have exercised its discretion to condone the short delay and decide the matter on its merits, and therefore set aside the order dismissing the appeal. The matter was remanded to the authority to entertain an application for condonation of delay and pass a fresh order within 12 weeks, after giving the parties an opportunity of hearing.
Issues considered
- What is the appropriate exercise of discretion by an appellate authority when an appeal is filed with a short delay?
- Whether an order dismissing an appeal solely on the ground of delay, without condoning, is liable to be set aside.
Subjects
- contractor registration
- suspension
- condonation of delay
- appellate authority
- certiorari
- mandamus
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11208 of 2025
======================================================
M/s Want Media Solution, having its Registered Office at Village-
Yamunapur, P.O.- Alawalpur, P.S.- Gaurichak, District- Patna through its Sole
Proprietor Mr. Anant Kumar Singh, aged about- 29 Year, S/o Satyendra
Narayan Singh, JR/O Yamunapur, P.O. Alawalpur, P.S.- Gurichak, Distt.-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Building Construction
Department, New Secretariat, Patna.
2. Secretary, Building Construction Department, New Secretariat, Patna.
3. Chief Engineer Cum Additional Commissioner Cum Special Secretary,
Building Construction Department, New Secretariat, Patna, Bihar.
4. Managing Director, Bihar State Building Construction Corporation Ltd.
Having Head Office at - Shastri Nagar, P.S.- Shastri Nagar, District- Patna.
5. Chief General Manager, Bihar State Building Construction Corporation Ltd.
Having Head Office at - Shastri Nagar, P.S.- Shastri Nagar, District- Patna.
6. General Manager (South), Bihar State Building Construction Corporation
Ltd. Having Head Office at - Shastri Nagar, P.S.- Shastri Nagar, District-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anurag Saurav, Adv.
Miss. Sharda Raje Singh, Adv.
Mr. Ankesh Bibhu, Adv.
Mr. Abhishek Kumar, Adv.
For the Respondent/s : Mr. Kumar Manish, Standing Counsel (05)
Mr. Prashant Kumar, Adv.
For the BSBCCL Mr. Kumar Abhimanyu Pratap, Adv.
Miss. Rushali, Adv.
Miss. Sakshi Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
8 13-01-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the
following reliefs:-
“(1) For Issuance of Writ in the nature of
Certiorari for Quashing of Order Issued
Patna High Court CWJC No.11208 of 2025(8) dt.13-01-2026
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Vide Memo bearing Memo No.3770
Dated: 29.04.2025 passed by Respondent
No.2 i.e Secretary, Building Construction
Department, Government of Bihar,
Patna, Whereby and Where under the
Appellate Authority dismissed the Appeal
filed by the petitioner vide Order dated
29.04.2025 on the ground of delay in
filing appeal and upheld the order dated:
02.01.2025, Whereby and where under
respondent no.3 had suspended the
registration of the petitioner for a period
of two years.
(2) For Quashing of the Letter bearing
Letter No.77(M) Dated: 02.01.2025
issued by Respondent No.3 i.e. Engineer
Chief cum Additional Commissioner cum
Special Secretary Building Construction
Department, Bihar, Whereby and Where
under Respondent No.3 had without
considering the reply of show cause
notice filed by the petitioner suspended
the Registration of petitioner for a period
of two years and the abovementioned
proceeding has been initiated as empty
formality, Whereas the recommendation
and Decision for taking action against
the petitioner had already been made by
Chief General Manager, Building
Construction Corporation, Patna vide
letter no. 2577 dated 05.07.2024 and
aforesaid order has been passed without
considering the actual turnover
submitted by petitioner with CA
certification having UDIN Number.
(3) For issuance of writ in the nature of
mandamus directing the respondent
authority to reinstate the registration of
the petgitioner obtained under Bihar
Patna High Court CWJC No.11208 of 2025(8) dt.13-01-2026
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Contractor Registration Rules, 2007.
(4) For granting Stay on the Order
dated: 29.04.2025 till the disposal of the
Writ application, passed by Respondent
No.2, Whereby and Where under
Petitioner's Registration was suspended
for a period of two years, due to which
the petitioner not able to participate in
any future Tender.
(5) For issuance of any other relief or
reliefs.”
3. Learned counsel appearing on behalf of the
petitioner submits that the petitioner aggrieved by the order
dated 02.01.2025 has preferred an appeal before the Respondent
No. 2, i.e., the Secretary, Building Construction Department,
however, the authority without going into the merits of the case
has simply dismissed the case on the ground of latches. Learned
counsel submits that the delay in filing the appeal was only 30
days and the Respondent No. 2 ought to had condoned the said
delay and passed the orders on merit. Learned counsel has
therefore prayed this Hon’ble Court to allow the present writ
petition and set aside the impugned order.
4. Per contra, the learned counsel appearing on behalf
of the respondents-corporation as well as the respondenrts-State
have vehemently opposed the very maintainability of the present
writ petition. Learned counsel submits that the petitioner has not
filed any application seeking condonation of the delay and
Patna High Court CWJC No.11208 of 2025(8) dt.13-01-2026
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therefore, the authority in his wisdom has dismissed the appeal
filed by the petitioner solely on the ground of delay. Learned
counsel has therefore prayed this Hon’ble Court to dismiss the
present writ petition.
5. Admittedly in the present case, the appellate
authority has dismissed the appeal solely on the ground of
latches. It is to be noted that there is delay of only 30 days in
filing the appeal, the authority ought to had condoned the delay
in filing the appeal and passed the orders on merits instead of
dismissing the appeal on a purely technical grounds. This Court
as well as the Hon’ble Supreme Court in a catena of cases has
time and again held that the statutory authorities more
particularly the appellate authority while passing the orders
ought to pass the orders on merit and not dismiss the case
merely on the technical grounds.
6. Having regard to the same, the impugned order
dated 29.04.2025 passed by the Respondent No. 2 is set aside
and the matter remanded back to the authority concerned for
passing orders afresh. The petitioner shall file an application
seeking coindonation of delay of 30 days in filing the appeal
and on such application being filed, the authority shall condone
the delay and pass necessary orders on merits in the main
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appeal. The authority shall endeavor to pass the final orders as
expeditiously as possible preferably within a period of 12 weeks
from the date of receipt of the copy of this order.
7. It is needless to mention that before passing any
orders, the authority shall put the petitioner as well as any other
interested parties on notice and grant them an opportunity of
hearing. Any order passed shall be communicated to the parties.
8. With the above directions, the present writ petition
stands allowed to the extend indicated above.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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