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
Checking your session…