Patna High Court
Nand KishoreversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the writ petition cannot be entertained on merits because an alternative remedy under Rule 11 of the Bihar Contractors Registration Rules, 2007 is available to the petitioner.
Summary
The petitioner, Nand Kishore, challenged an office order that blacklisted him for ten years under Clause 11(d)(vii) of the Bihar Contractors Registration Rules, 2007, alleging procedural violations and lack of proper authentication of the underlying Order No.154. He sought quashing of the order, a declaration of its unenforceability, and a restraining order. The State argued that the petitioner had an alternative remedy under Rule 11 of the same Rules. The Patna High Court held that because an efficacious alternative remedy exists, the writ petition could not be entertained on its merits. Consequently, the court disposed of the writ application, granting the petitioner liberty to file an appeal under Rule 11 within thirty days and directing the appellate authority to decide it within eight weeks.
Issues considered
- Whether Office Order No.45 (Letter No.1028 dated 13-10-2025) can be quashed for procedural irregularities and exceeding the scope of the show‑cause notice.
- Whether Order No.154 dated 18-06-2015 is unenforceable for not being authenticated and published as required by the Rules of Executive Business and Article 166 of the Constitution.
- Whether the writ jurisdiction is appropriate when an alternative remedy under Rule 11 of the Bihar Contractors Registration Rules, 2007 is available to the petitioner.
Legislation cited
- Constitution of India — s. Article 166
Subjects
- writ petition
- blacklisting
- contractor registration
- alternative remedy
- administrative law
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18998 of 2025
======================================================
Nand Kishore son of Sri Nagendra Sharma, resident of Mohalla Birla Colony
(C/26), P.S. Phulwari Sharif, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Minor Irrigation
Department, Government of Bihar, Patna.
2. The Engineer in Chief, Minor Irrigation Department, Government of Bihar,
Patna.
3. The Chief Engineer (Planning and Monitoring and Geology) cum
Registering Authority, Minor Irrigation Department, Government of Bihar,
Patna.
4. The Chief Engineer, Minor Irrigation Department, Government of Bihar,
Patna.
5. The Superintending Engineer, Minor Irrigation Circle, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan, Advocate
Mr. Shubham Prakash, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 28-01-2026 The present writ application has been filed for the
following reliefs:
(i) Quashing of the Office Order No. 45
as contained in Letter NO. 1028 dated 13.10.2025
Patna High Court CWJC No.18998 of 2025(2) dt.28-01-2026
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by which, the Respondent No. 3 without
considering the reply filed by the petitioner and
going beyond the grounds and allegations in the
Show Cause Notice has proceeded to blacklist the
petitioner for a period of 10 years in terms of
Clause 11 (d) (vii) of the Bihar Contractors
Registration Rules, 2007 read with Sub Clause (iv)
of Clause 8 of Order No. 154 dated 18.6.2015
issued by the Road Construction Department,
Government of Bihar.
(ii) Declaration to the effect that the
Order No. 154 dated 18.06.2015 as issued by the
Road Construction Department, Government of
Bihar, Patna is legally unenforceable and could not
lead to any civil consequence in view of the fact
that the same has not been issued and authenticated
in terms of the Rules of Executive business,
Government of Bihar read with Article 166 of the
Constitution of India and further more has not been
published in the Gazette of Bihar; and
(iii) Restraining the Respondents from
giving effect to the Office Order No. 45 as
contained in Letter No. 1028 dated 13.10.2025
during the pendency of the present writ application
and/or the without the leave of this Hon’ble Court.
2. The petitioner has challenged Letter No. 1028 dated
13.10.2025, which has been annexed as Annexure-P/17 to the
writ application. The relevant extract of which is reproduced
hereunder:-
Patna High Court CWJC No.18998 of 2025(2) dt.28-01-2026
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“vr% mijksDr ifjizs{; esa of.kZr ;kstukvksa dh
fufonk esa QthZ vuqHko izek.k i= layXu djus ds dkj.k laosnd
Jh uUn fd”kksj dks dkyhd`r djus gsrq izkIr izLrko ds vkyksd
esa fcgkj Bhdsnkjh fuca/ku fu;ekoyh] 2007 ds fu;e 11 ¼d½ dh
mi dafMdk (vii) ,oa iFk fuekZ.k foHkkx] fcgkj] iVuk ds vkns”k
la[;k&154 fnukad&18-06-2015 dh dafMdk 08 ds mi dafMdk
04 ds rgr vxys 10 o’kksZa ds fy;s dkyhd`r fd;k tkrk gSA ”
3. Learned counsel for the State submits that the
petitioner has an alternate remedy available before the
competent authority under Rule 11(?k) of the Bihar Contractor
Registration Rules, 2007, which is extracted hereinbelow:-
11¼?k½ fn;s x;s n.M ds fo:)] laosnd }kjk] rhl
fnuksa ds vUnj vk;qDr ,oa lfpo ds le{k vihy nk;j fd;k
tk ldsxkA ”
4. Considering the fact that an efficacious alternative
remedy is available to the petitioner, this Court is not inclined to
entertain the present writ application on merits.
5. Accordingly, the present writ application is
disposed of with liberty to the petitioner to prefer an appeal in
accordance with Rule 11(?k) of the Bihar Contractor Registration
Rules, 2007, within a period of 30 days from today.
6. The petitioner shall be at liberty to raise all
questions of fact as well as questions of law before the
Patna High Court CWJC No.18998 of 2025(2) dt.28-01-2026
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Appellate Authority.
7. In the event an appeal is filed, the authority
concerned shall consider and decide the same preferably within
a period of eight weeks from the date of its filing.
8. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Ritesh Kumar, J)
Anushka/-
U
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