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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to interfere with the blacklisting order, directing the petitioner to pursue the available alternative remedy of appeal before the Managing Director.

Summary

The petitioner, Chandan Kumar, challenged a blacklisting order issued by the District Magistrate under Clause 9(c) and 9(j) of the Instruction of Bidders, seeking its quash and enforcement of a tender award. He argued that the order violated natural justice because no show‑cause notice was given. The respondents contended that the petitioner had an alternative remedy by filing an appeal with the Managing Director of the Bihar State Food and Civil Supplies Corporation. The High Court held that, given the availability of this efficacious alternative remedy, it would not interfere with the blacklisting order at the writ stage. Consequently, the Court granted the petitioner liberty to prefer the appeal and disposed of the writ application. The appellate authority was directed to hear the matter and pass a reasoned order within eight weeks.

Issues considered

  • Whether the blacklisting order passed without a show‑cause notice violates the principles of natural justice.
  • Whether the petitioner has an alternative remedy that bars interference by the High Court under writ jurisdiction.

Subjects

  • natural justice
  • blacklisting
  • procurement
  • alternative remedy
  • writ jurisdiction
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.18000 of 2025
                 ======================================================
                 Chandan Kumar Son of Vijay Kumar Dubey Resident of Village- Indra
                 Chowk Gali 1, P.S.- Bettiah Nagar, District- West Champaran.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Bihar State Food and
                 Consumer Protection Department, Government of Bihar, Patna.
           2.    The District Magistrate Cum Chairman, District Transport Committee, West
                 Champaran, Bettiah.
           3.    The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
                 West Champaran, Bettiah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr Ramakant Sharma, Sr. Advocate
                                                Mr. Mayank Raj, Advocate
                 For the State           :      Mr. Nadim Seraj, Government Pleader-5
                                                Mr. Shailesh Kumar, AC to GP-5
                 For the BSFC            :      Mr. Shailendra Kumar Singh, Advocate
                                                Mr. Nirmal Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                        and
                        HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   25-03-2026                     The present writ application has been filed for the

                   following relief:

                                              “i)   For   of   appropriate     writ/writs,
                                    order/orders, direction/directions for quashing the
                                    order contained in memo no. 879 dated 30.08.2025
                                    issued under the signature of respondent no. 2 (The
                                    District Magistrate Cum Chairman) whereby and
                                    whereunder petitioner has been blacklisted by
                                    invoking the Clause 9(c) and 9(j) u/s 2 of
                                    Instruction of Bidders for next 05 years and further
                                    tender of petitioner and earnest money deposit has
Patna High Court CWJC No.18000 of 2025(2) dt.25-03-2026
                                              2/3




                         been decided to be forfeited.
                                      (ii) For issuance appropriate writ/writs,
                         order/orders, direction/directions commanding the
                         respondent authorities especially respondent no. 3
                         (The District Magistrate) to enter into an
                         Agreement pursuant to Memo no. 783 dated
                         07.08.2025 whereby and whereunder petitioner has
                         been declared successful bidder against one
                         vacancy of Transportation cum Handling Supply
                         Agent by District Transport Committee, Bettiah
                         subject to the fulfillment of condition mentioned in
                         the office order dated 07.08.2025.
                                      (iii)    For   issuance   of   any   other
                         relief/reliefs for which petitioner is found entitled in
                         the eye of law and in the facts and circumstances of
                         the present case.”


                      2. Learned counsel for the petitioner submits that the

          impugned order of blacklisting has been passed in violation of

          the principles of natural justice, inasmuch as no show cause

          notice was ever issued to the petitioner prior to passing of the

          impugned order.

                      3. Mr. Shailendra Kumar Singh, learned counsel

          appearing for the respondents, submits that the petitioner has an

          efficacious alternative remedy to prefer an appeal before the

          competent authority, namely the Managing Director, Bihar State

          Food and Civil Supplies Corporation Limited.

                      4. Having considered the submissions advanced on
            Patna High Court CWJC No.18000 of 2025(2) dt.25-03-2026
                                                       3/3




                      behalf of the parties, this Court is not inclined to interfere in the

                      matter at this stage in view of the availability of an efficacious

                      alternative remedy.

                                  5. Accordingly, the petitioner is granted liberty to

                      prefer an appeal before the aforesaid authority.

                                  6. In case such an appeal is filed, the same shall be

                      considered and decided by the Managing Director, Bihar State

                      Food and Civil Supplies Corporation Limited, in accordance

                      with law. The Appellate Authority shall pass a reasoned and

                      speaking order after affording an adequate opportunity of

                      hearing to all the stakeholders, preferably within a period of

                      eight weeks from the date of filing of the appeal.

                                  7. Accordingly, the writ application stands disposed

                      of.

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

                      of.



                                                  (Sudhir Singh, J)


                                                (Shailendra Singh, J)
Anushka/-

U


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