Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the writ application could not be disposed of by immediate quashal of the debarment orders; instead, the petitioner must first file a representation before the concerned authority, which must then pass a reasoned order.
Summary
The petitioner, Dilip Kumar, challenged two office orders that debarred him from participating in any future tenders on the ground that he had allegedly not paid his electricity dues. He submitted evidence that the dues had been paid and argued that the debarment orders were arbitrary, whimsical and should be set aside. The Court examined the orders and the petitioner’s claim of payment but did not immediately quash the debarment. Instead, the Court directed the petitioner to file a representation before the Executive Engineer (Respondent No. 8) regarding the matter. The Executive Engineer was instructed to consider the representation, afford a hearing to all stakeholders and pass a reasoned order within one week of filing. Consequently, the writ application was disposed of without granting the relief sought, pending the outcome of the representation.
Issues considered
- Whether the debarment orders issued by the Public Health Engineering Department are arbitrary and violative of natural justice.
- Whether payment of the electricity dues negates the basis for debarment from tenders.
- Whether the petitioner is entitled to immediate quashing of the debarment orders or must first seek redress through representation.
Subjects
- debarment
- tender participation
- public procurement
- writ petition
- arbitrary order
- representation
- electricity dues
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3486 of 2026
======================================================
Dilip Kumar, S/o Ram Sakal Shahi, R/o Akharaghat, Nazirpur, Hanuman
Mandir, Gayatri Mandir, P.S.- Ahiyapur, District- Muzaffarpur.
... ... 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, Darbhanga.
7. The Superintending Engineer, Public Health Engineering Circle,
Muzaffarpur.
8. The Executive Engineer, Public Health, Division Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr.Additional Advocate General (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 17-03-2026 Heard learned counsel for the parties.
2. The following reliefs have been sought in the
present writ application:
“(i) For quashing/setting aside the office order
no.146 dated-26.12.2025 as contained in memo
no.6276 dated-26.12.2025 issued by the office of
the Executive Engineer, Public Health Division,
Patna High Court CWJC No.3486 of 2026(2) dt.17-03-2026
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Samastipur and
(ii) quashing/setting aside the office order no.
147 dated 26.12.2025 as contained in memo no.
6277 dated 26.12.2025 issued by the office of
the Executive Engineer, Public Health Division,
Samastipur respectively by which the petitioner
has been debarred from taking part in any next
tender/bild offered by the respondents due to not
making payment of electricity bill, which is said
to be due till date, whereas the electric bill in
both the cases has already been paid by the
petitioner and the same is already intimated to
the authorities concerned and the issue is settled
despite that the order of debarment is not
recalled/rescind till date in a wrong, arbitrary
and whimsical manner
(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 and allow the petitioner to take part in any
open tender without any hindrance.”
3. The Office Order No. 146 dated 26.12.2025, as
contained in Memo No. 6276, is under challenge in the present
writ application, which is extracted hereinbelow:-
"अतः उपरर रकत वरररत तथरो के आलोक मे सं वेदक दारा
एकरानामा के शतोरं के रनषपादन मे चूक के रलए समरक
रवचारोपरांत एवं रबहार रठकेदारी रनबं धन रनरमावली
2007 के कंरडका-॥ (क) की उप कंरडका-॥ तथा सामानर
रनदे श की कंरडका 3.3 एवं 4.8 के आलोक मे सवे दक /
एजे सी Sri Dilip Kumar, Vill-Akharaghat Nazirpur,
Patna High Court CWJC No.3486 of 2026(2) dt.17-03-2026
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Dist- Muzaffarpur, Pin-842001, Mob-9430458921,
Email- [email protected] (सूचीबदता सं खरा-
266/2017) को अगले रनरवदा मे भाग ले ने से वं रचत
(रडबार) रकरा जाता है । इसके बावजूद भी ररद एक
सपताह के अं दर इनके दारा रवदर त ववपत का भर गतान नहीं
रकरा जाता है तो उकत एकरारनामा को रवखंरडत कर
पममडल मे जमा रारश को राजसात कर ली जाएगी।
रजसके रलए सं वेदक सवरं रजममे वार होगे एवं भरवषर मे
इनका कोई भी दावा मानर नहीं होगा।
रह आदे श ततकाल प्रभाव से लागू होगा।"
4. Learned counsel for the petitioner submits that the
electricity dues in question have already been paid, as is
apparent from Annexure-P6, Annexure P7 and Annexured-P8 of
the writ application. However, despite deposit of such dues, the
aforesaid order dated 26.12.2025 (Annexures-P3 and P4) have
not yet been recalled by the respondents till date.
5. Considering the facts and circumstances of the
case, the petitioner is directed to file a representation before
Respondent No. 8.
6. In the event any such representation is filed,
Respondent No. 8 shall consider and dispose of the same by
passing a reasoned and speaking order, in accordance with law,
affording due opportunity of hearing to all the concerned
stakeholders, within a period of one week from the date of filing
of such representation.
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7. Accordingly, the present writ application stands
disposed of.
8. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Sujit/-
U
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