Patna High Court
M/s Tariyani Engicon Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that, having completed the work, the petitioner is entitled to have the debarment withdrawn as per the respondents' own counter‑affidavit.
Summary
M/s Tariyani Engicon Private Ltd filed a writ petition challenging a debarment order dated 31‑07‑2025 that barred it from participating in any further tenders of the Bihar Public Health Engineering Department, alleging violation of contract clauses. The petitioner sought a writ of certiorari to quash the debarment and a mandamus directing the department to allow it to continue work under Agreement SBD‑09 of 2024‑25 and to participate in open tenders. The respondents counter‑affidavit stated that the debarment would remain until the petitioner properly operated and maintained the scheme, after which it would be withdrawn. The petitioner contended that the work had already been completed. The High Court held that, on the basis of the respondent’s own statement, the debarment must be withdrawn since the work is completed, directing compliance within four weeks and disposing of the writ application.
Issues considered
- Whether the debarment order can be set aside on the ground that the petitioner has completed the contractual work.
- Whether the respondents are bound by their counter‑affidavit to withdraw the debarment once the work is completed.
- Whether a writ of mandamus is the appropriate remedy to compel the respondents to allow the petitioner to participate in tenders.
Subjects
- debarment
- public procurement
- writ of certiorari
- mandamus
- contract performance
- tendering
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19835 of 2025
======================================================
M/s Tariyani Engicon Private Limited having its registered office at Vill.-
Rasulpur, Sayadpur Bazar, Panchayat - Bhikhanpura, Block- Musahri,
District- Muzaffarpur Bihar (CIN U45309B2021PTC052107), through its
Director Ravindra Kumar Singh, male, aged about 46 years, S/o Harendra
Kishore Singh, Resident of Village- Paharpur, P.O. Jahangirpur, P.S.-
Shyampur, Distt.- Sheohar.
... ... 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, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Government Advocate (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 22-01-2026 Following is the relief sought for in the present writ
application:-
“I. Writ of Certiorari for
quashing/setting aside the letter no. 175 dated
31.07.2025 as contained in memo no. 2634 dated
31.07.2025 issued by the office of the Executive
Patna High Court CWJC No.19835 of 2025(2) dt.22-01-2026
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Engineer, Public Health Division, Darbhanga by
which the petitioners are debarred from taking part
in any further tender offered by the respondents.
II. And/or be pleased to issue a writ in
the nature of writ of mandamus or an appropriate
writ/writs, order/orders, or direction/directions
commanding the respondents to allow the petitioner
to continue his work allotted vide an agreement no.
SBD-09 of 2024-25 and to take part in any open
tender without any hindrance.
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. The petitioner was debarred from participating in
any tender pursuant to the letter dated 31.07.2025 on the ground
that he had violated the General Conditions of Contract
particularly Clause-3.3 and 4.8.
3. A counter-affidavit has been filed on behalf of
Respondent Nos. 1 to 7, wherein the following statement has
been made in Para-15:-
“15. That the order of debarment is only
remain in force for a period till the petitioner did
not operate and maintain the scheme properly and
no sooner the petitioner starts operating and
maintaining the scheme in terms of provision made
in the agreement, the order of debarment shall be
withdrawn.”
4. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.19835 of 2025(2) dt.22-01-2026
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petitioner has already completed the work.
5. Considering the discussions made hereinabove, this
Court is of the view that if the petitioner has already completed
the work, the respondents are required to act in accordance with
the statement made in Para-15 of the counter-affidavit. The
matter shall preferably be resolved within a period of four
weeks from the date of receipt/production of a copy of this
order.
6. With the aforesaid observation, the present writ
application stands disposed of.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Ritesh Kumar, J)
Sachin/-
U
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