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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The Court held that, having completed the work, the petitioner is entitled to have the debarment withdrawn as per the respondents' own counter‑affidavit.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the debarment would remain until the petitioner properly operated and maintained the scheme, after which it would be withdrawn.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 The High Court held that, on the basis of the respondent’s own statement, the debarment must be withdrawn since the work is completed, directing compliance within four weeks and disposing of the writ application.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
                                                      3/3




                     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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