Patna High Court
Sutra Consulting Pvt. Ltd.,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is infructuous because the debarment order had already lapsed, and no further relief can be granted.
Summary
Sutra Consulting Pvt. Ltd. filed a writ petition challenging a debarment letter dated 18‑08‑2018 issued by an Officer on Special Duty, which barred the company for three years under an agreement dated 15‑11‑2016. The debarment period expired on 18‑08‑2021, but the petition was filed in 2025 seeking quashing, stay, and revocation of the debarment. The Patna High Court observed that the debarment order no longer survived as its term had already ended. Consequently, the Court held that no further relief could be granted and that the petition had become infructuous. The petition was therefore disposed of without any order.
Issues considered
- What is the appropriate remedy when a writ petition challenges an administrative order that has already expired?
Subjects
- writ petition
- debarment
- administrative order
- lapse of time
- infructuous
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12287 of 2025
======================================================
Sutra Consulting Pvt. Ltd., having its registered office N2/39, IRC Village,
P.S.-Nayapalli, Bhubaneswar-751015 through its Authorised Representative,
Mr. Sunil Kumar Jha, (Male), Aged about 47 Years, S/o Umesh Narayan Jha,
R/o 54/23, P.N. Mukherjee Road, B.D. Sopan, PO and PS- Khardaha,
Kolkata, Khardah (m), North 24 Parganas, B.d. Sopan, West Bengal-700116
... ... Petitioner
Versus
1. The State of Bihar through the Secretary, Rural Development Department,
Government of Bihar, Patna.
2. JEEVIKA, Bihar Rural Livelihoods Promotion Society, at Vidyut Bhawan,
Annexe-II, 1st Floor (Southern Wing) and 3rd Floor, through it CEO, Patna.
3. State Project Manager-M and E, JEEVIKA, Bihar Rural Livelihoods
Promotion Society, at Vidyut Bhawan, Annexe-II, 1st Floor (Southern Wing)
and 3rd Floor, through it CEO, Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Dayanand Singh, Advocate.
For the State : Mr. Kamlesh Kishore, AC to SC-12
For the Respondent Nos. 2 & 3 : Mr. Abhinav Shrivastava, Sr. Advocate and Mr.
Pushkar Bharadwaj, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 27-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. Following is the relief sought for in the present writ
petition.
Patna High Court CWJC No.12287 of 2025(5) dt.27-04-2026
2/3
“I. I. For issuance of appropriate writ/orders/
direction for quashing the letter dated
18.08.2018 issued under the hand of Shri B.
K. Pathak, Officer- on-Special Duty whereby
and where under the agreement dated
15.11.2016 with the Petitioner Company was
cancelled and the Petitioner Company was
debarred for a period of 3 Years.
II. For issuance of appropriate writ/
orders/direction for staying the operation of
letter dated 18.08.2018 issued under the hand
of Shri B. K. Pathak, Officer- on-Special Duty
during the pendency and till disposal of
instant writ petition.
III. For issuance of appropriate
writ/orders/thereby to declare and hold that
the letter dated 17.08.2019 has the effect of
removing/revoking debarment since date of
debarment dated 18.08.2018.
IV. For any other writ, order, direction which
the petitioner firm may be found eligible and
entitled to and which may also seem just,
proper and necessary in order to safeguard
the rights and interest of the petitioner firm.”
3. Upon perusal of the record, it appears that the order
of debarment was passed on 18.08.2018 for a period of three
years, which has ceased to operate on 18.08.2021. The petitioner
has preferred the present writ application in the year 2025, after
the order under challenge no longer survives.
4. In view of the aforesaid, this Court is of the view
that no further order is required to be passed in the present writ
application.
5. Accordingly, the present writ application stands
disposed of as having become infructuous.
Patna High Court CWJC No.12287 of 2025(5) dt.27-04-2026
3/3
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Shailendra Singh, J)
U.K./-BKS
U
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