Patna High Court
M/s R. D. EntrepreneurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court declined to quash the blacklisting order and instead directed the concerned authority to consider the grievance and issue an appropriate order within eight weeks after hearing all stakeholders.
Summary
M/s R.D. Entrepreneur, represented by Neelam Dahlan, filed a writ petition challenging a blacklisting order issued by the District Magistrate of Madhepura that barred the firm from participating in government tenders until Flood Year 2029. The petitioner sought a certiorari to quash the order, alleging violation of natural justice, arbitrariness, and disproportionate punishment. The court noted that a grievance redressal committee had been constituted by the Disaster Management Department on 24.02.2026 to examine the petitioner's representation. Accordingly, the court directed the authority to hear all stakeholders and pass an appropriate order within eight weeks, rather than immediately setting aside the blacklisting. The writ application was consequently disposed of with the direction for further departmental consideration.
Issues considered
- Does the blacklisting order dated 05.02.2026 violate the principles of natural justice?
- Can the order be quashed by a writ of certiorari on grounds of arbitrariness and disproportionate punishment?
- Is the petitioner barred from participating in any government tenders as a result of the order?
Subjects
- blacklisting
- natural justice
- certiorari
- disaster management
- government tenders
- administrative law
- writ petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3456 of 2026
======================================================
M/s R. D. Entrepreneur a proprietorship firm having its place of business at
Dahlan House, Dahlan Chowk, Saharsa, through its proprietor namely
Neelam Dahlan, female aged about 58 years, Wife of Shri Shambhu Kumar
Dahlan, resident of Dahlan House, Dahlan Chowk, Saharsa, Bihar- 852201.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Disaster Management Department,
Patna, Bihar.
2. The District Magistrate, Madhepura, District- Madhepura, Bihar.
3. The Additional District Magistrate, Disaster Management, District-
Madhepura, Bihar.
4. The Assistant Disaster Management Officer, District- Madhepura, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Bhushan Poddar, Advocate
Ms. Ruchi Dahlan, Advocate
For the Respondent/s : Mr. Kinkar Kumar, SC 9
Ms. Vagisha Pragya Vacaknavi, AC to SC-9
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 18-03-2026 Heard learned counsel for the parties.
2. The following reliefs have been sought in the
present writ application:
a) For issuance of a writ in the nature of certiorari
for quashing of the order communicated vide letter
bearing memo no. 133/Aa. Pr. Madhepura dated
05.02.2026 issued by the respondent District
Magistrate Madhepura whereby the petitioner has
been blacklisted till Flood Year 2029;
b) For further restraining the respondents from
Patna High Court CWJC No.3456 of 2026(3) dt.18-03-2026
2/3
depriving the petitioner or in any manner affecting
the participation of the petitioner in any of the
tenders invited by any Government department of
the State of Bihar and any of the corporation or
company etc in light of the impugned order
communicated vide letter bearing memo no.
133/Aa. Pr. Madhepura dated 05.02.2026 as the
same is illegal, arbitrary and violative of principles
of natural justice;
c) For holding and a declaration that the impugned
office order blacklisting the petitioner till Flood
Year 2029 suffers from the error of violation of
principles of natural justice for being non-
speaking, disproportionate and mechanical and as
such fit to be quashed and set aside by this
honourable court;
d) For grant of any other relief or reliefs to which
the petitioner is found entitled to in the facts and
circumstances of the case.”
3. Today, a supplementary affidavit has been filed on
behalf of the petitioner. Upon perusal of Annexure-P/13, it
appears that pursuant to the representation made by the
petitioner, a Committee has been constituted vide Memo No.
177 dated 24.02.2026. The matter has already been taken up by
the department with respect to redressal of the grievance of the
petitioner.
4. In view of the aforesaid, the authority concerned is
directed to look into the matter and pass an appropriate order
in accordance with law, within a period of eight weeks from the
Patna High Court CWJC No.3456 of 2026(3) dt.18-03-2026
3/3
date of receipt/production of a copy of this order, after affording
due opportunity of hearing to all the stakeholders.
5. With the aforesaid observation and direction, the
present writ application stands disposed of.
6. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
( Shailendra Singh, J)
Sujit/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.