Created by Fuzzy Cloud

Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the petitioner to file a fresh representation before the Engineer‑in‑Chief cum Special Secretary and disposed of the writ application.

Summary

Petitioner Chandan Kumar challenged an office order that debarred him from participating in future tenders of the Bihar Public Health Engineering Department on the ground that he had not paid an electricity bill, arguing that the agreement did not obligate him to do so and that the debarment was arbitrary. He also sought a mandamus directing the respondents to pay the dues for work completed under agreement RWSS/DMU/MUZ/BIH/Batch‑I/W‑36 dated 13‑09‑2019. The petitioner had earlier filed a representation before the Executive Engineer, which remained pending. The Patna High Court directed the petitioner to file a fresh representation before the Engineer‑in‑Chief cum Special Secretary and ordered that a reasoned hearing be conducted within three weeks, after which a speaking order should be passed. The court disposed of the writ application without granting the reliefs sought.

Issues considered

  • What is the legality of the debarment order issued by the Executive Engineer on the basis of alleged non‑payment of electricity bills?
  • Whether the petitioner is entitled to a writ of certiorari to quash the debarment order and/or a writ of mandamus to compel payment of the admitted dues?
  • Whether the petitioner’s pending representation suffices or a fresh representation before a higher authority is required.

Subjects

  • Writ of Certiorari
  • Writ of Mandamus
  • Debarment
  • Public Procurement
  • Administrative Order
  • Representation
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1171 of 2026
                 ======================================================
                 Chandan Kumar S/o Arun Kumar Singh, R/o Chitrakut Nagar, Road No. 07,
                 B.B. Ganj, P.S.-Bhagwanpur, District-Muzaffarpur.

                                                                    ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Public Health
                 Engineering Department, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Public Health Engineering Department, Govt. of
                 Bihar, Patna.
           3.    The Engineer in Chief cum Special Secretary, Public Health Engineering
                 Department, Govt. of Bihar, Patna.
           4.    The Chief Engineer, Public Health Engineering Department, Govt. of Bihar,
                 Patna.
           5.    The Zonal Chief Engineer, Public Health Engineering Zone, Muzaffarpur.
           6.    The Superintending          Engineer,   Public   Health   Engineering   Circle,
                 Muzaffarpur.
           7.    The Executive Engineer, Public Health Division, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Siyaram Pandey, Advocate
                 For the State           :        Mr. Alok Ranjan, AC to AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   29-01-2026                    The following reliefs have been sought in the present

                   writ application:-

                                                I. Writ of Certiorari for quashing/setting
                                    aside the office order no.200 dated 23.12.2025 as
                                    contained in memo no. 3063 dated 23.12.2025
                                    issued by the office of the Executive Engineer,
                                    Public Health Division, Muzaffarpur by which the
                                    petitioner has been debarred from taking part in
                                    any next tender/bid offered by the respondents due
Patna High Court CWJC No.1171 of 2026(2) dt.29-01-2026
                                            2/3




                         to not making payment of electricity bill, due till
                         date, in a wrong, arbitrary and whimsical manner
                         as the authority has to make payment of the electric
                         bill because there is no such provision in the
                         agreement itself that the petitioner would make
                         payment of electricity bill.
                                      II. And/or be pleased to issue of a writ in
                         the nature of writ of mandamus or an appropriate
                         writ/writs, order/orders or direction/directions
                         commanding the respondents to make payment of
                         the admitted dues of the work done by the petitioner
                         with       related       to     the   agreement     no.
                         RWSS/DMU/MUZ/BIH/Batch-I/W-36                 DATED-
                         13.09.2019 of Lohari S.V.S Project as the time of
                         O&M is also ended till 09-12-2025,
                                      III. And/or be pleased to pass such other
                         order/orders which may be deemed fit and proper
                         in the facts and circumstances of the case and allow
                         the petitioner to take part in any open tender
                         without any hindrance.


                      2. For redressal of his grievance, the petitioner had

          submitted a representation, vide Annexure-4 (series), before

          respondent No. 7, which is pending till date.

                      3. Considering the facts and circumstances of the

          case, the petitioner is directed to file a fresh representation

          before respondent No. 3. In the event such representation is

          filed, respondent No. 3 shall consider the same and pass a

          reasoned and speaking order, in accordance with law after
            Patna High Court CWJC No.1171 of 2026(2) dt.29-01-2026
                                                        3/3




                      giving an opportunity of hearing to all the stakeholders

                      preferably within a period of three weeks from the date of filing

                      of such representation.

                                  4. With the aforesaid observation, the writ application

                      stands disposed of.

                                  5. Pending application(s), if any, shall stand disposed

                      of.



                                                  (Sudhir Singh, J)


                                                  (Ritesh Kumar, J)
Anushka/-

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.