Patna High Court
M/S Aadhya AgencyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The debarment order was valid as it was issued in accordance with the contract terms after due notice and opportunity to be heard.
Summary
M/S Aadhya Agency, a sole proprietorship, was awarded the L‑1 position for constructing an animal hospital in Kopa, Saran, under a tender floated by the Bihar State Building Construction Corporation. After a two‑month delay in receiving the land, the agency failed to complete the work within the six‑month contract period and did not submit a revised work programme despite two reminder letters. Consequently, Respondent No.4 issued Letter No. 902 dated 08‑12‑2025 debaring the petitioner from future tenders until the work was completed. The petitioner filed a writ petition seeking quashing of the debarment order, a mandamus for a three‑month extension, and permission to enter into another work agreement. The Court examined whether the debarment was arbitrary or violative of natural justice. It held that the debarment was effected in accordance with the contractual terms, after due notice and an opportunity to respond, and therefore was not illegal or arbitrary. Accordingly, the writ petition was dismissed.
Issues considered
- Whether the debarment order issued by the Respondent was arbitrary or violative of principles of natural justice
- Whether the petitioner was denied a fair opportunity to remedy the delay before being debarred
- Whether the High Court can grant mandamus to extend the time for completion of the contract
Subjects
- debarment
- tender
- mandamus
- contractual obligations
- administrative law
- public procurement
- natural justice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.315 of 2026
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M/S Aadhya Agency (A Sole Proprietorship Firm), having its Office at Ram
Charitra Nagar Putahi, District- Muzaffarpur through its authorized signatory
Priyanka Kumari, aged about years, W/o. Vikash Kumar
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Building Construction
Department, New Secretariat, Delhi.
2. Managing Director, Bihar State Building Construction Corporation Ltd.
Having head office at Shastri Nagar, P.S- Shastri Nagar, District- Patna.
3. Chief General Manager, Bihar State Building Construction Corporation Ltd.
Having head office at Shastri Nagar, P.S- Shastri Nagar, District- Patna.
4. Deputy General Manager, Bihar State Building Construction Corporation
Ltd, (Project Implementation Unit), having its office at -Kashi Bazar,
Chapra, Saran.
5. Deputy General Manager, Bihar State Building Construction Corporation
Ltd, (Project Implementation Unit), having its office at House of Nand
Kishore Singh, Yadavnagar, Bhagwanpur Chowk, P.S-Bhagwanpur, District-
Muzaffarpur.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Anuraj Saurav, Advocate
For the State : Mr. Arun Kumar Prasad, AC to SC-5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 02-02-2026 In the present writ petition, the petitioner has prayed
for the following relief(s):-
“(i) For Quashing of the Letter bearing Letter
No.902 dated:08.12.2025 issued by Respondent
No.4 i.e. Deputy General Manager, Bihar State
Building Construction Corporation Ltd, Saran,
Whereby and Where under Respondent No.4
without providing adequate opportunity of
Patna High Court CWJC No.315 of 2026(2) dt.02-02-2026
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hearing to the petitioner, debarred the petitioner
from participating in future tender till the
completion of the work, whereas the delay
incurred in completion due to non-availability
of land on which construction has to be done.
(ii) For issuance of writ in the nature of
mandamus directing the respondent to provide
further period of three months for completion of
the construction work, whereas when the work
was initiated by the petitioner the land on which
construction has to be done was provided after
a period of two months and due to which the
entire project get delayed.
(iii) For issuance of writ in the nature of
mandamus directing the authority to enter into
work agreement of other tender in which
petitioner was declared L-1 before the passing
of debarment order an allow the petitioner to
commence the work.
(iv) For granting stay on the debarment order
issued by respondent no.4 vide letter bearing
Letter No. 902 dated 08.12.2025 and allow the
petitioner to participate in future tender till the
disposal of the writ petition.
(v) For issuance of any other relief or reliefs.”
2. A counter affidavit has been filed on behalf of
Respondent Nos.2 to 5, wherein the following statement has
been made in paragraph-5:-
“5. That it is humbly stated that petitioner is not
Patna High Court CWJC No.315 of 2026(2) dt.02-02-2026
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entitled to any of the reliefs prayed for in
paragraph no. 1(i) to (v) to the writ application
under reply. It is stated that in view of
requirement of Animal and Fisheries Resources
Department, the government decided to
construct animal hospital at Kopa, district
Saran. It is stated that Corporation floated
tender for the same and petitioner came L/1.
The Circle Officer, Jalalpur, identified the
required land, being Khata no. 1690, Khesra no.
5160 area 1.81 acre, demarcated it and made
available the same for the aforesaid purpose.
Accordingly, work order issued to petitioner
vide letter no. 340 dated 17.04.2025. The work
was to be completed positively within a period
of six months i.e. 17.04.25 to 16.10.25. The
petitioner failed to execute the work and it is
still incomplete. It is humbly stated that
respondent no.4 reminded the petitioner twice
vide letter dated 09.10.25 and letter dated
12.11.25 that work is not going on as per
schedule and very likely work may not complete
on time but petitioner failed to make necessary
effort for completion of the work and then show
cause notice was issued vide letter no. 882
dated 02.12.25 asking her to show cause within
03 days and submit revised work programme,
failing which action of debarment may be taken,
apart from imposition of liquidated damages as
per agreement. The petitioner failed to submit
revised work programme in prescribed form and
simply made a telephonic request on WhatsApp
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for extension of time till 31.01.26. It is
respectfully stated that in that view of the matter
petitioner has been debarred from participating
future tenders till completion of the work.”
3. In view of the aforesaid submissions made in the
counter affidavit, it is evident that the impugned action has been
taken in accordance with the terms of the agreement and after
affording due opportunity. No arbitrariness or illegality is made
out, we, therefore, find no merit in the present writ application.
4. Accordingly, the present writ application stands
dismissed.
5. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J.)
(Rajesh Kumar Verma, J.)
Gaurav Kumar,
Ibrar/-
U
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