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
Checking your session…