Patna High Court
M/s R D EntrepreneurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the blacklisting order cannot be quashed by this writ and the petitioner must seek redress by filing an appeal before the Divisional Commissioner.
Summary
The petitioner, a proprietorship firm, challenged a district magistrate's order that blacklisted it for three years and recommended debarment from state tenders, alleging violation of natural justice because no show‑cause notice was given and the order was vague. The petitioner also sought a declaration that the order was illegal, arbitrary, and a restraining order against participation in any government tenders. The court examined the materials, noting that the petitioner had submitted bills accepted by the authorities and that an amount had been admitted for payment. The court directed the respondents to pay the admitted amount within eight weeks and advised the petitioner to file an appeal before the Divisional Commissioner within 30 days for the blacklisting issue, with a hearing and reasoned order. Consequently, the writ application was disposed of without quashing the blacklisting order.
Issues considered
- Whether the blacklisting order issued without a show‑cause notice violates the principles of natural justice.
- Whether the order is vague, non‑speaking, and arbitrary, warranting quashment by a writ of certiorari.
- Whether the petitioner is entitled to a restraining order preventing debarment from participation in government tenders.
- Whether the court can direct payment of the amount admitted by the authorities.
Subjects
- natural justice
- blacklisting
- debarment
- writ of certiorari
- disaster management
- tender participation
- show‑cause notice
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19321 of 2025
======================================================
M/s R D Entrepreneur a proprietorship firm having its place of business at
Dahlan House, Dahlan Chowk, Saharsa through its proprietor namely Neelam
Dahlan female aged about 58 years wife of Shri Shambhu Kumar Dahlan,
resident of Dahlan House, Dahlan Chowk, Saharsa, Bihar-852201.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Disaster Management,
Government of Bihar, Patna.
3. The Secretary, Department of Disaster Management, Government of Bihar,
Patna.
4. The District Magistrate cum Collector, Gopalganj.
5. The Additional District Magistrate, Disaster Management Section,
Gopalganj.
6. The Nazarat Deputy Collector, Nazarat Section, Gopalganj.
7. The State Disaster Management Authority Through its Secretary,
Department of Disaster Management, Bihar, Patna.
8. The Assistant District Disaster Management Officer, Disaster Management
Section, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Sinha, Advocate
Ms. Ruchi Dahlan, Advocate
For the State : Mr. P. K. Verma, AAG-3
Mr. Saroj Kumar Sharma, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
6 07-04-2026 Heard learned counsel for the parties.
2. The following reliefs have been sought in the
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present writ application:
"(a) a) For issuance of a writ in the nature of
certiorari for quashing of the order
communicated vide letter bearing memo no.
729/Aa. Pr. dated 04.08.2025 issued by the
respondent District Magistrate Gopalganj
whereby the petitioner has been blacklisted
for a period of 3 years and the name of the
petitioner has been recommended to the
disaster management department,
government of Bihar for debarment of the
petitioner at state level without any prior
show cause notice served upon the petitioner;
b) For further restraining the respondents
from depriving the petitioner or in any
manner affecting the participation of the
petitioner in any of the tenders invited by any
Government department of the state of Bihar
and any of the corporation or company etc in
light of the impugned order communicated
vide letter bearing memo no. 729/Aa. Pr.
dated 04.08.2025 as the same is illegal,
arbitrary and violative of principles of
natural justice;
c) For holding and a declaration that the
impugned office order blacklisting the
petitioner for a period of 3 years from the
date of its issuance suffers from the error of
violation of principles of natural justice for
being non-speaking, disproportionate and
mechanical and as such fit to be quashed and
set aside by this honourable court;
d) For grant of any other relief or reliefs to
which the petitioner is found entitled to in the
facts and circumstances of the case."
3. Learned counsel for the petitioner submits that the
order dated 04.08.2025, whereby the petitioner's firm has been
blacklisted for a period of three years, has been passed without
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issuance of any show-cause notice and is therefore, in violation
of the principles of natural justice. It is further submitted that
the reply submitted by the petitioner was not duly considered
by the authority concerned prior to passing the impugned order.
It is submitted that the impugned order is vague and non-
speaking, merely stating that certain items were not as per
requirement, without specifying as to which items were
deficient or in what manner they failed to meet the prescribed
specification. Therefore, it is submitted that the impugned order
appears to have been passed without proper application of
mind.
4. The petitioner has also brought on record Memo
No.- 439 dated 05.08.2024 (Annexure-P/4). The relevant
extract of the same reads as follows:
"अतः S.D.R.F. टीम के जॉच पततववदन के आलोक मे जो
ससमगग सही है उसका तवपत भु गतान हे तु कारारलर मे
समरररत करे तथा जो ससमगग जॉच पततववदन मे सही नहीं
है उसे बदलकर गु णवतारूणर ससमतगयय को रथाशगघ
उरलबध करारे , तारक भु गतान की काररवाई की जा सके। "
5. Upon perusal of materials available on record, it
appears that, in compliance with the aforesaid memo dated
05.08.2024, the petitioner submitted bills with respect to the
items which were duly accepted by the respondent authorities.
It is also evident that the respondent authorities have issued an
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order for payment of the admitted amount, as contained in
Annexure- E to the 2nd supplementary counter affidavit filed on
behalf of the District Magistrate, Gopalganj. The relevant
extract of the letter dated 23.03.2026 reads as follows:
"अतः अनु रोध है रक रवषरां रकत मद मे 604652.00 (छ
लाख चार हजार छ: सौ बावन) रररे मसत उरलबध कराने
की कृरा की जार, तारक माननीर उचच नरारालर के आदे श
राररत होने रर उसका अनु रालन रकरा जा सके। "
6. In view of the aforesaid, this Court expects that the
respondent authorities shall take all necessary steps for making
payment of the admitted amount, as contained in Annexure- E
to the 2nd supplementary counter affidavit, within a period of
eight weeks from today.
7. So far as the order of the blacklisting is concerned,
if so advised, the petitioner may prefer an appeal before the
Divisional Commissioner within a period of 30 days from
today.
8. In the event such an appeal is preferred, the
Divisional Commissioner shall consider the grievance of the
petitioner in accordance with law and after affording adequate
opportunity of hearing to all the stakeholders, shall pass a
reasoned order preferably within a period of six weeks from the
date of filing of such appeal.
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9. With the aforesaid observations and directions, the
present writ application stands disposed of.
10. Pending application(s), if any, shall stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Rajiv/Sujit
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