Patna High Court
M/S Tariyani Engicon Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petition requires the respondents to consider the debarment and pass a reasoned order after hearing, and therefore did not quash the debarment.
Summary
The petitioner, Tariyani Engicon Private Limited, challenged a letter dated 25 July 2025 that debarred it from participating in any future tenders issued by the Public Health Engineering Department, Bihar. It sought a writ of certiorari to quash the debarment and a writ of mandamus to compel the department to allow it to continue work under agreement SBD‑06 of 2024‑25 and to participate in open tenders. The petitioner submitted representations and a recommendation from the Executive Engineer to lift the debarment, which was pending before the Superintending Engineer. After hearing counsel, the Court directed the respondents to consider the matter, grant a hearing to all stakeholders, and issue a reasoned order within two weeks. Consequently, the writ application was disposed of without granting the reliefs sought.
Issues considered
- Whether the debarment letter dated 25 July 2025 can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued to compel the Public Health Engineering Department to allow the petitioner to continue work under agreement SBD‑06 and to participate in future tenders.
- Whether the petitioner is entitled to an opportunity of hearing before any further debarment or restriction.
Subjects
- debarment
- public procurement
- writ of certiorari
- mandamus
- tender participation
- administrative law
- public health engineering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19888 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
Bhathan, District-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, Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
Mr. Dewesh Kumar Pandey, Advocate
For the Respondent/s : Mr. G.P.-5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 29-01-2026 Heard learned counsel for the parties.
2. The following reliefs have been sought in the
present writ application:
“I. Writ of Certiorari for quashing/setting aside the
letter no.65 dated-25.07.2025 as contained in memo
Patna High Court CWJC No.19888 of 2025(2) dt.29-01-2026
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no.2029 dated-25.07.2025 issued by the office of the
Executive Engineer, Public Health Division, Sitamarhi
by which the petitioner is debarred to participate in any
next/further respondents, offered tender by the
respondents.
II. And/or be pleased to issue of 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 petitioners to continue their
work allotted in an agreement no. SBD-06 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.”
3. Learned counsel for the petitioner submits that the
petitioner had filed representations, as contained in Annexure-
P/5 series, for redressal of his grievances. It is further submitted
that the Executive Engineer, Public Health Division, Sitamarhi
(Respondent No. 7) has recommended to the Superintending
Engineer, Public Health Engineering Circle, Muzaffarpur
(Respondent No. 6), vide Annexure-P/4, for lifting the
debarment of the petitioner. The said recommendation is
pending consideration before Respondent No. 6.
4. Considering Annexure-P/4, the concerned
respondents are directed to consider the matter and pass a
reasoned and speaking order, in accordance with law after
granting an opportunity of hearing to all the stakeholders,
preferably within a period of two weeks from the date of
Patna High Court CWJC No.19888 of 2025(2) dt.29-01-2026
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receipt/production of a copy of this order.
5. With the aforesaid observation and direction,
the present writ application stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Ritesh Kumar, J)
Sujit/-
U
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