Patna High Court
M/s Vanprastha Infra Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court refused to quash the memo and debarment order, directing the petitioner to file a fresh representation and allowing the debarment to be reviewed if challenged.
Summary
M/s Vanprastha Infra Private Limited was awarded a contract to provide generator services to Patna Medical College Hospital and received payments up to March 2025. A dispute arose over bills for May‑December 2025, with the hospital alleging non‑verification of logbooks and other discrepancies, leading to Memo No. 390 (30‑01‑2026) demanding submission of verified bills and a debarment order dated 27‑01‑2026 for five years. The petitioner sought writs of certiorari to quash the memo and debarment order and a mandamus directing payment of the disputed bills. The High Court examined whether the memo and debarment order violated principles of natural justice, jurisdiction, and statutory provisions. The Court declined to quash the orders, directing the petitioner to file a fresh representation before the respondent, which must be considered afresh with an opportunity of hearing, and noted that the debarment can be reviewed if the petitioner objects to its quantum. Consequently, the writ application was disposed of without granting the reliefs sought.
Issues considered
- Whether Memo No. 390 and the debarment order are violative of natural justice, jurisdiction, and applicable law.
- Whether the writ court can quash the memo and order and issue a mandamus for payment of the disputed bills.
- Whether the petitioner is required to make a fresh representation before the respondent for the pending claims.
Subjects
- generator services
- public procurement
- payment dispute
- debarment
- natural justice
- certiorari
- mandamus
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2563 of 2026
======================================================
M/s Vanprastha Infra Private Limited a Private Limited Company having its
office at 204, Gangotri Arcade, LCT Ghat, Mainpura, Patna- 800001 through
its authorized signatory namely Mr. Shishir Kunal (Male), aged about 40
years, Son of Sri Bambam Singh, resident of flat No. 204 Gangotri Arcade,
LCT Ghat, Mainpura, Patna, Police Station- Patliputra, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of
Health, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Health, Government of
Bihar, Patna.
3. The Director-in-Chief, Health Services, Government of Bihar, Patna.
4. The Patna Medical College Hospital, Patna- 800004 through its
Superintendent, Patna, Bihar.
5. The Superintendent, the Patna Medical College Hospital, Patna- 800004,
Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
Mr. Pravashankar Mishra, Advocate
For the Respondent/s : Mr. Nadim Seraj, GP-4
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Date : 10-04-2026
Heard learned counsel for the parties.
2. The following reliefs have been sought in the
present writ application:
“i. To issue a Writ in the nature of Certiorari for
quashing the Memo No. 390 dated 30.01.2026
issued by respondent no.5 by which the petitioner
company has been asked to submit bill for the
Patna High Court CWJC No.2563 of 2026 dt.10-04-2026
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month May 2025 to December 2025 along with
verified logbook.
ii. Consequent upon quashing of the same, to issue
a Writ in the nature of Mandamus commanding the
respondents to make the payment of the bill for the
month May 2025 to December 2025 along with
interest by calculating the averages of
corresponding last year bill for the same period.
iii. To issue a Writ in the nature of Certiorari for
quashing the order dated 27.01.2026 as being
wholly illegal, arbitrary, without jurisdiction and
violative of principles of natural justice and in teeth
of laws laid down by Hon'ble Supreme Court.
iv. To any other relief or reliefs to which the
petitioner is entitled in the facts and circumstances
of the case.”
3. Upon perusal of the materials available on record, it
appears that pursuant to the Notice Inviting Tender dated
17.10.2023, the petitioner was awarded the work of providing
Generator Services at Patna Medical College and Hospital, and
an agreement to that effect was executed on 30.01.2024. The
petitioner continued to render services and received payments
up to March, 2025. Thereafter, a dispute arose with respect to
the payment of bills for the period May, 2025 to December,
2025.
4. Objections were raised by Respondent No. 5 in
Patna High Court CWJC No.2563 of 2026 dt.10-04-2026
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relation to the bills submitted by the petitioner, primarily on the
ground of non-verification of the logbook and alleged
discrepancies, leading to issuance of communications from time
to time.
5. In the meantime, a four- member committee was
constituted, which submitted its report on 01.09.2025
(Annexure-P/4). The relevant extract of the said order is
reproduced hereinbelow:
उल्ललखननीय हह ककि तकिननीककि कविशलषज्ञ शनी पविन किकममार,
य मा, कविदतक आप पनतर्ति प्रशमाखमा, पटनमा
किननय कविदतक अनभियत
मलनडिकिल किकॉललज अस्पतमाल पटनमा दमारमा किनमटटी किल
सभिनी सदस्ययों किल समक्ष यह अविगत किरमायमा गयमा ककि
ममाह अप्रहल-2025 ममें PSS (Power Substation)
किमा स्थमानमायतरण ह कआ थमा, जजससल किकछ उजमार्ति किमा खपत
बढ़ सकितमा हह। तकिननीककि कविशलषज्ञ एवि य किनमटटी दमारमा
य मा ककियमा गयमा ककि कपछलल विषर्ति गनीष्म किमाल यथमा -
क स
अनश
ममाह ममारर्ति-2024 सल अगस्त -2024 तकि किल कविपत
क
भिगतमान किमा औसत ननकिमाल किर ममाह अप्रहल 2025
क
किल कविपत किमा भिगतमान हलत क कविरमार ककियमा जमा सकितमा
हह। M/S Vanprastha Infra Private &
Limited, किल उपजस्थत प्रनतनननधि दमारमा भिनी उक
य मा पर सहमनत दटी गई हह।
क स
अनश
क
अत. किनमटटी दमारमा अधिनीक्षकि महहोदय सल अनरहोधि ककियमा
जमातमा हह ककि स्वि कविविलकि एवि य अपनल स्तर सल ननणर्तिय ललन ल
किकी किकपमा किकी जमाय।"
Patna High Court CWJC No.2563 of 2026 dt.10-04-2026
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6. Subsequently, Memo No. 390 dated 30.01.2026
was issued by Respondent No. 5, requiring the petitioner to
submit bills along with duly verified logbooks for the relevant
period. It is also noted that prior to the same, by order dated
27.01.2026, the petitioner had been debarred for a period of five
years.
7. Having considered the facts and circumstances of
the case, the petitioner is directed to file a fresh representation
before Respondent No. 5 with regard to the claims arising out of
Memo No. 390 dated 30.01.2026.
8. In the event such representation is filed,
Respondent No. 5 shall consider and decide the same afresh, in
accordance with law, taking into account all relevant materials
on record, including the Committee report dated 01.09.2025,
and after affording an opportunity of hearing to all the
stakeholders preferably within a period of six weeks from the
date of filing of such representation.
9. Insofar as the order of debarment for a period of
five years is concerned, it is observed that in the event the
petitioner raises objection before the competent authority with
regard to the quantum of punishment, the concerned authority
Patna High Court CWJC No.2563 of 2026 dt.10-04-2026
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shall be at liberty to consider the same and review the said
decision in accordance with law.
10. With the aforesaid observations and directions, the
writ application stands disposed of.
11. Interlocutory application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Shailendra Singh, J)
Sujit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.04.2026
Transmission Date
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