Patna High Court

Soni JhaversusThe State of Bihar

Decided: 12 February 2026
Disposal: DISMISSED
Bench: SUDHIR SINGH RAJESH KUMAR VERMA

Holding

The debarment and cancellation of the work order were valid as the petitioner was given sufficient notice and failed to comply, warranting no court interference.

Summary

The petitioner, Soni Jha, was awarded a municipal road and drainage work but failed to deposit the required security and execute the agreement. The authorities issued several notices, giving the petitioner ample opportunity to comply, but he did not respond, citing his father‑in‑law's illness. Consequently, the Municipal Commissioner issued Letter No. 1316 dated 26‑04‑2025 debaring the petitioner from future tenders and cancelling the work order. The petitioner filed a writ petition alleging violation of natural justice and seeking restoration of the work order. The High Court examined whether the petitioner had been denied a fair hearing and whether the debarment was arbitrary. Finding that sufficient notice was given and the petitioner showed no genuine intent to perform, the Court dismissed the writ application.

Issues considered

Whether the petitioner was denied a fair opportunity of hearing, violating principles of natural justice
Whether the court should interfere with the debarment and cancellation of the work order
Whether the respondent's action was arbitrary, illegal or mala fide

Subjects

writ jurisdiction
natural justice
debarment
tendering
non‑compliance
administrative law

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15189 of 2025
======================================================
Soni Jha W/o Sri Mrityunjay Jha, R/o Kabilpur, Rampur Madan, PS
Laheriyasarai, PS Bahadurpur, Dist. Darbhanga 84600, Adhar 262761976028,
Mob 8789090226.
... ... Petitioner/s
Versus

1. The State of Bihar through the Principal Secretary, Urban housing and
development Department, Bihar, Vikas Bhawan, Bailey Road, Patna 1.
[email protected]
2. The District Magistrate, Darbhanga. [email protected]
3. The Minicipal Commissioner, Darbhanga Nagar Nigam, Darbhnaga. E
[email protected] [email protected]
[email protected]
4. The Executing Engineer, Nagar Vikas Division cum Darbhanga Nagar
Nigam, Darbhanga.
5. The Assistant Engineer, Nagar Vikas Division cum Darbhanga Nagar
Nigam, Darbhanga.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Jha, Advocate
For the Respondent/s : Mr. Standing Counsel-28
For the DMC : Mr. Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5 12-02-2026 Heard learned counsel for the parties.

2. The present writ application has been filed for the

following reliefs:-

“i. For quash the order letter No.1316 dt-
26.04.2025 by which the petitioner is debarred to
participate in any tender and restore the work order
no-858 dt-09.03.24 which is only due to delay of
work agreement by the petitioner because
Patna High Court CWJC No.15189 of 2025(5) dt.12-02-2026
2/8

petitioner's Sasur(Old Father In Law) became
PATIENT of Cancer and hospitalized in Medanta
Hospital at Patna.
ii. For direction to the respondents to
execute the agreement of awarded / allotted work to
the petitioner vide work order no-858 dt-
09.03.2024.
iii. For Further restraining the respondents
to retender for the same work at high rate to settle
the tender to choice bidder under hidden agenda
only for undue advantages.
iv. For granting any other relief/s for which
the petitioner be found entitled in the eye of law.”

3. The brief facts of the case are that the respondents

issued tender for construction of a road and Nala in Ward no-41

and another Nala and Link Road construction work in Bakarganj

Muhalla in Darbhanga district. The petitioner was found

qualified, and was awarded work for the same. The respondents

invited the petitioner to execute the work agreement and deposit

the security amount vide letters dated 12.08.2024 and

16.12.2024. However, the petitioner could not deposit the

security amount and execute the agreement. It has been alleged

that the respondents knowingly passed the impugned order

debarring the petitioner, cancelling the work order and forfeiting

the security amount vide Letter No. 1316 dated 26.04.2025 in a

hot-haste manner, without giving sufficient opportunity to the
Patna High Court CWJC No.15189 of 2025(5) dt.12-02-2026
3/8

petitioner to submit his reply. Being aggrieved by the said order,

the present writ petition has been preferred before this Court.

4. Learned Counsel for the petitioner submits that the

petitioner could not deposit the security deposit and could not

execute the agreement because petitioner's father-in-law became

cancer patient and was hospitalized. It was further submitted

that the impugned action of the respondent authority in

debarring the petitioner and cancelling the work order is in

violation of Principles of Natural Justice as respondents have

not given sufficient opportunity to petitioner to reply.

5. Learned counsels for the respondent submit that

sufficient opportunity was afforded to the petitioner to respond,

but no compliance was made on the part of petitioner which

reflects his unwillingness to perform, and therefore, the action

taken by the respondent authority is justified and reasonable.

6. The limited question that arises for consideration is,

whether, in the facts and circumstances of the present case, any

interference is warranted by this Court, in exercise of its writ

jurisdiction.

7. The impugned order dated 26.04.2025, whereby the

petitioner was debarred and the work order was canceled is

reproduced hereinbelow:
Patna High Court CWJC No.15189 of 2025(5) dt.12-02-2026
4/8

8. A counter affidavit has been filed on behalf of

respondent Nos. 3, 4 and 5, the relevant paragraphs of which are

extracted hereinbelow:

“4. That the brief history of the case is
that the instant Writ application has been filed for
quashing the order Letter No. 1316 dated
26.04.2025 by which the petitioner is debarred to
Patna High Court CWJC No.15189 of 2025(5) dt.12-02-2026
5/8

participate in any tender and restore the work order
No. 858 dated 09.03.2024 which is only due to
delay of work agreement by the petitioner because
petitioner's Sasur (Old Father in-law) became
patient of Cancer and hospitalised in Medanta
Hospital at Patna.
5. That it is humbly submitted that the
concerned record transpires the fact that pursuant
to the published tender notice as well as after
adopting the due process, the petitioner has been
found qualified and accordingly, the authority
concerned, the Municipal Commissioner,
Darbhanga Nagar Nigam, Darbhanga vide Letter
No. 858 dated 09.03.2024(Annexure-P/2 of the Writ
Petition) has approached to the petitioner with a
direction to submit agreement in the concerned
Office within 15 days (EK PAKHWARA) so that
work order would be given. It is pertinent to
mention here that the material direction given to
the petitioner contained in Letter No.858 dated
09.03.2024 is as follows -
"आपने नननवदा के साथ 41,100/- रपया
जमा नकया है , शे षरानश 1,24,064/- रपया जमानत के
रप मे आपको जमा करना है एवं एकरारनामा भी नकया
जाना है । नवनवदा सूचना के अनु सार एकरारनामा के
समय ले वर लाइसे स की Nk;kizfr उपलबध कराना
अननवायर है ।
अतः आदे श नदया जाता है नक जमानत की
शे ष रानश बै क गारं टी जो नगर आयु कत, दरभं गा नगर
ननगम, दरभं गा के नाम से izfr जत पले स नकया गया है ।
अथवा खाता सं खया- 994301201 इं नडयन बै क, दरभं गा
आई एफ० एस० सी० कोड - आईडीआईबी 000 डी 025
Patna High Court CWJC No.15189 of 2025(5) dt.12-02-2026
6/8

औनलाईन के माधयम से पे मेट के साथ एक पखवाडा के
अनदर एकरारनामा कायरयारलय को समनपरत करे तानक
कायानदश ननगरत नकया जा सके। ननधानरत अवनध के
अं दर एकरारनामा वां नछत जमानत के रानश के साथ
जमा नहीं करने पर कायर का आवं टन रदद् पर नननवदा के
साथ जमा जमानत के रानश जपत कर नल जा सकती है |
इसकी सु चना अलग से नहीं दी जाये गी ।”
6. That it is humbly submitted that the
concerned record also transpires the fact that the
direction contained in Letter No. 858 dated
09.03.2024 is well within the knowledge of the
petitioner but the petitioner has not taken proper
response into the matter and accordingly, the
authority concerned, the Executive Engineer,
Darbhanga Nagar Nigam, Darbhanga vide Letter
No. 239 dated 14.06.2024 and its reminder Letter
No. 323(B) dated 12.08.2024 has made request to
do needful into the matter but the petitioner has not
taken proper response into the matter.
7. It is further humbly submitted that
seeing the nature and circumstances of the case, the
authority concerned, the Municipal Commissioner,
Darbhanga Nagar Nigam, Darbhanga with a view
to provide reasonable opportunity to the petitioner,
has issued direction vide Letter No. 3735 dated
14.12.2024 (Annexure-P/3 of the writ petition) to
the petitioner to submit the concerned Agreement
but the petitioner once again has not taken proper
response into the matter and accordingly, finding
the fact of unwillingness to perform the act into the
matter, the authority concerned, the Municipal
Commissioner, Darbhanga Nagar Nigam,
Patna High Court CWJC No.15189 of 2025(5) dt.12-02-2026
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Darbhanga vide Letter No. 1316 dated 26.04.2025
has passed an order against which the petitioner
has filed the present writ application before your
Lordship.”

9. Upon perusal of the impugned order, averments

made in the counter affidavit, and materials available on record,

it is apparent that despite issuance of several reminders and

communications by the respondent authority, the petitioner

failed to comply with the directions contained therein. A

considerable period has elapsed since issuance of the said

communications, yet there has been complete inaction on the

part of the petitioner. Such continued non-compliance, even

after sufficient notice and opportunity, clearly indicates absence

of genuine interest in carrying out the allotted work.

10. Further, no material has been placed on record to

demonstrate that the impugned action suffers from illegality,

arbitrariness, or mala fides. This Court is, therefore, of the view

that the issue before us is required to be answered in the

negative. Consequently, we find no merit in the present writ

application and the impugned action, having been taken after

due notice and opportunity, warrants no interference.

11. Accordingly, the present writ application stands
Patna High Court CWJC No.15189 of 2025(5) dt.12-02-2026
8/8

dismissed.

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

of.

(Sudhir Singh, J)

(Rajesh Kumar Verma, J)
Anushka/-

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