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Patna High Court

Sanjeev Kumar ShahiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court set aside the debarment order as arbitrary and directed the respondents to pass a fresh order after considering the evidence of payment.

Summary

The petitioner, Sanjeev Kumar Shahi, a contractor, was debarred from participating in future tenders by an order dated 20-12-2025 issued by the Executive Engineer, Public Health Division, Samastipur, on the ground of alleged non-payment of an electricity bill. The petitioner contended that the electricity bill had been paid on 31-12-2025 and submitted documentary evidence (Annexure‑P/4). He filed a writ petition seeking a certiorari to quash the debarment order, mandamus directing payment of dues under agreement F2‑09/2019‑20, and removal of the restriction on tender participation. The court examined whether the debarment was arbitrary and whether the authority had considered the evidence of payment. Finding that the petitioner had indeed settled the bill, the court set aside the impugned order and remitted the matter to the respondents to pass a fresh order in accordance with law within one week. The writ application was consequently disposed of.

Issues considered

  • What is the validity of the debarment order issued on the basis of alleged non‑payment of electricity bill?
  • Whether the authority acted arbitrarily in refusing to consider the petitioner’s evidence of payment?
  • Whether the petitioner is entitled to participation in future tenders and payment of dues under the contract?

Subjects

  • debarment
  • tender participation
  • writ of certiorari
  • mandamus
  • public procurement
  • electricity bill
  • arbitrary order
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3646 of 2026
                 ======================================================
                 Sanjeev Kumar Shahi, Male, aged about 54 years, S/o Ram Sakal Shahi, R/o
                 Akharaghat, Nazirpur, Hanuman Mandir, Gayatri Mandir, P.S. - Ahiyapur,
                 District - Muzaffarpur.



                                                                     ... ... Petitioner
                                                  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 Executive Engineer, Public Health, Division, Samastipur.



                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :      Mr. Siyaram Pandey, Advocate
                 For the Respondents   :      Mr.Addl. Advocate General- 04
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)



2   18-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                               2. The following reliefs have been sought in the
Patna High Court CWJC No.3646 of 2026(2) dt.18-03-2026
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          present writ application:

                                  “1. Writ of Certiorari for quashing/setting
                                  aside    the     office    order    no.144   dated-
                                  20.12.2025 as contained in memo no.6165
                                  dated-20.12.2025 issued by the office of the
                                  Executive Engineer, Public Health Division,
                                  Samastipur by which the petitioner has been
                                  debarred from taking part in any next
                                  tender/bid offered by the respondents due to
                                  not making payment of electricity bill, which
                                  is said to be due till date, as the electric bill
                                  has already been paid by the petitioner and
                                  the issue is settled despite that the order of
                                  debarment is not recalled till date in a
                                  wrong, arbitrary and whimsical manner.
                                  II. And/or be pleased to issue of a writ in the
                                  nature     of    writ     of   mandamus      or   an
                                  appropriate       writ/writs,      order/orders   or
                                  direction/directions           commanding         the
                                  respondents to make payment of the admitted
                                  dues of the work done by the petitioner with
                                  related to the agreement no. F2-09/2019-20
                                  dated-20.09.2019 of Extension of Rural Pipe
                                  Supply Scheme, Sonupur to ensure ward
                                  saturation with house connection including
                                  05 years operation and maintenance in the
                                  district of Samastipur for the year 2018-19
                                  Wards No. 04,05,06, 07 & 08 of Sonupur
                                  North Panchayat, Block Rosera as the time
Patna High Court CWJC No.3646 of 2026(2) dt.18-03-2026
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                                  of O&M is also ended till 09.04.2025.
                                  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 respondent authorities have passed the order

          under challenge stating, inter alia, that since the electricity bill

          had not been deposited, the petitioner’s firm would be debarred

          for participation in the next tender and further deposit money

          would be forfeited.

                          4. Learned counsel for the petitioner submits that

          the electricity bill has already been deposited on 31.12.2025, as

          would be evident from Annexure-P/4.

                          5. Considering the aforesaid, the impugned order

          dated 20.12.2025 is hereby set aside. The matter is remitted

          back to the respondent authorities who shall pass a fresh order

          in accordance with law, after taking into consideration

          Annexures-P/4 and P/5 to the present writ application, within a

          period of one week from the date of receipt/production of a

          copy of this order.

                          6. With the aforesaid observation and direction, the

          present writ application stands disposed of.

                          7. Pending application(s), if any, shall also stand
         Patna High Court CWJC No.3646 of 2026(2) dt.18-03-2026
                                                     4/4




                   disposed of.




                                                      (Sudhir Singh, J)



                                                   ( Shailendra Singh, J)
U.K./-
U


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