Created by Fuzzy Cloud

Patna High Court

M/s Want Media SolutionversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/5




                                      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
                                            3/5




                                      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
                                            4/5




          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
             Patna High Court CWJC No.11208 of 2025(8) dt.13-01-2026
                                                         5/5




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.