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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
                                            2/4




                                  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
                                            3/4




                         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.
          Patna High Court CWJC No.3486 of 2026(2) dt.17-03-2026
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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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