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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application was dismissed; the petitioner was directed to file a fresh representation before respondent No.3 and the matter was disposed of.

Summary

The petitioner, Abhishek Kumar, challenged an office order that barred him from participating in future tenders on the ground that he had not paid an electricity bill, arguing that the agreement did not require such payment. He also sought a mandamus directing the respondents to pay the amount due under the completed agreement. The court noted that the petitioner had earlier submitted a representation to the Executive Engineer, which remained pending, and directed him to file a fresh representation before the Engineer in Chief (respondent No.3). The court ordered that the fresh representation be considered and a reasoned order be passed within two weeks after giving a hearing to all stakeholders. Consequently, the writ application was disposed of without granting the reliefs sought. Pending applications, if any, were also ordered to stand disposed.

Issues considered

  • Whether the office order debarred the petitioner from future tenders in an arbitrary or whimsical manner.
  • Whether the petitioner is entitled to a writ of mandamus directing payment of the alleged due amount under the agreement.

Subjects

  • public health engineering
  • tender debarment
  • writ of certiorari
  • mandamus
  • administrative law
  • representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1623 of 2026
                 ======================================================
                 Abhishek Kumar S/o Mundrika Singh, R/o Ward No. 17, Ring Bandh,
                 laxmana Nagar, Bhabdepur, P.S.-Sitamarhi, District-Sitamarhi.

                                                                    ... ... 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, Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Siyaram Pandey, Advocate
                 For the State           :        Mr.Vikash Kumar, SC-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   03-02-2026                     The present writ application has been filed for the

                   following reliefs:-

                                                I. Writ of Certiorari for quashing/setting
                                    aside the office order no.156 dated-24.12.2025 as
                                    contained in memo no.3384 dated-24.12.2025
                                    issued by the office of the Executive Engineer,
                                    Public Health Division, Sitamarhi by which the
                                    petitioner is debarred from taking part in any next
                                    tender offered by the respondents due to not making
Patna High Court CWJC No.1623 of 2026(2) dt.03-02-2026
                                             2/3




                         payment of electricity bill which is 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 the payment
                         of due amount to the petitioner of the aforesaid
                         agreement as the same is already completed.
                                      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.


                      2. For redressal of his grievance, the petitioner had

          submitted      a    representation,       vide   Annexure-P/3,      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

          giving an opportunity of hearing to all the stakeholders

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

          of such representation.
            Patna High Court CWJC No.1623 of 2026(2) dt.03-02-2026
                                                        3/3




                                  4. With the aforesaid observation, the writ application

                      stands disposed of.

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

                      of.



                                                  (Sudhir Singh, J)


                                             (Rajesh Kumar Verma, J)
Anushka/-

U


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