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Patna High Court

Yaduvansham Infrastructure Private LimitedversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must be given an opportunity to make a fresh representation before the competent authority, and therefore the orders were not set aside but the matter was remanded for hearing.

Summary

Yaduvansham Infrastructure Private Limited was blacklisted for two years by the Rural Works Department of Bihar on the ground that its experience certificate was allegedly forged. The petitioner contended that the blacklisting order and the subsequent appellate order were passed without any hearing, violated principles of natural justice, and were discriminatory in view of more lenient treatment of other contractors in similar situations. The petition sought quashing of both orders, a declaration of violation of Article 14 of the Constitution, and permission to participate in future tenders. The High Court observed that the petitioner must be afforded a chance to make a fresh representation before the competent authority and that the matter should be decided after a proper hearing. Accordingly, the court directed the petitioner to file a fresh representation before the Secretary of the Rural Works Department and disposed of the writ application.

Issues considered

  • Whether the blacklisting order and the appellate order were passed in violation of the principles of natural justice.
  • Whether the orders are discriminatory and violative of Article 14 of the Constitution of India.
  • Whether the petitioner is entitled to quash the orders and be allowed to participate in future tenders.

Legislation cited

Subjects

  • blacklisting
  • natural justice
  • Article 14
  • discrimination
  • contractor registration
  • Bihar
  • writ jurisdiction
  • opportunity of hearing
  • tender participation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.365 of 2026
                 ======================================================
                 Yaduvansham Infrastructure Private Limited, through its Managing Director
                 Alok Raj, Gender-Male, aged about -31 years, Son of Ram Pravesh Yadav,
                 Resident of Ward No. -4, Shir Sai Complex, Gaushala Road, P.S.-Chitragupta
                 Nagar, District and Town-Khagaria, Pin-851204.

                                                                                ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Chief Secretary, Old Secretariat, Patna.
           2.    The Secretary, Rural Works Department, Visheweshraiya Bhawan, Bailey
                 Road, Patna.
           3.    The Engineer-in-Chief, Rural Works Department, Visheweshraiya Bhawan,
                 Bailey Road, Patna.
           4.    The Chief Engineer-4, Rural Works Department, Purnea.
           5.    The Superintending Engineer, Rural Works Department, Works Circle,
                 Saharsa.
           6.    The Executive Engineer, Rural Works Department, Works Division,
                 Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Lal Babu Singh, Advocate
                 For the Respondent/s   :       Mr. Pratik Kumar, AC to GA 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   30-01-2026                 Heard learned counsel for the parties.

                               2. The following reliefs have been sought in the

                   present writ application:

                                  “(i) For quashing of the Reasoned Order No. 10025
                                  (contained in Memo No. 10025) dated 18-09-2025
                                  passed by the Respondent Engineer-In-Chief (Annexure
                                  P/5) whereby the petitioner has been blacklisted for a
                                  period of two years under Clause 11(ka) (ix) and (kha)
                                  (ii) of the Notification No. 8123 dated 19-12-2007 of the
                                  Rural works Department, Bihar.
Patna High Court CWJC No.365 of 2026(2) dt.30-01-2026
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                         (ii) For quashing of the Appellate order dated
                         05.12.2025 (contained in Memo No. 12403 dated 10-
                         12-2025) (Annexure P/7) whereby the Respondent
                         Secretary has dismissed the appeal preferred by the
                         petitioner and affirmed the order of blacklisting dated
                         18.09.2025 contained in Reasoned Order No. 10025.
                         (iii) For a direction to the Respondents not to act upon
                         the order of the blacklisting dated 18.09.2025 contained
                         in Reasoned Order No. 10025 and the appellate order
                         dated 05.12.2025 contained in Memo No. 12403.
                         (iv) For appropriate declarations that -
                         a) The impugned order of blacklisting dated 18.09.2025
                         and the Appellate order dated 05-12-2025 are violative
                         of principles of natural justice and fair play.
                         (b) The impugned appellate Order dated 05-12-2025 is
                         highly discriminatory and violative of Article 14 of the
                         Constitution of India as the same Respondent Secretary
                         has set aside or reduced the period of the blacklisting
                         for period of only few months with respect to other
                         contractors on the same allegation/charge.
                         (v) For a direction to the respondents to allow the
                         petitioner in participating in the future tender during
                         pendency of the present writ application.
                         (vi) For any other relief(s) or consequential reliefs) to
                         which the petitioner may be found entitled to in the facts
                         and circumstances of this case.”

                      3. Learned counsel for the petitioner submits that the

          order of blacklisting has been passed without affording any

          opportunity of hearing to the petitioner. It is further submitted

          that in cases of other contractors, arising out of similar facts and

          circumstances, the Appellate Authority has either set aside the

          orders of blacklisting or reduced the period thereof. The said

          orders have been brought on record as Annexure-P/8 series.

          Learned counsel for the petitioner contends that petitioner's case

          deserves consideration on the principle of parity and that the
Patna High Court CWJC No.365 of 2026(2) dt.30-01-2026
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          period of blacklisting may accordingly be reduced.

                      4. From a perusal of the order under challenge dated

          18.09.2025 and the appellate order dated 05.12.2025, it appears

          that the petitioner has been blacklisted for a period of two years

          on the ground that the experience certificate uploaded by him

          was found to be forged and no clarification was submitted by

          the petitioner despite opportunity having been granted.

                      5. Under the Bihar Registration of Contractors Rules

          (Rural Works Department), 2007, issued vide Notification No.

          8123 dated 19.12.2007 by the Rural Works Department,

          Government of Bihar, provisions have been made for

          blacklisting and suspension of registered contractors. Rule 11

          thereof reads as under:

                         “11. Black-Listing and Suspension:-
                         (a) Contractors registered in any of the classes shall be
                         liable for black-listing or demotion to a lower class or
                         suspension for a specified period if he personally or any
                         partner of the firm or company, or any of its director(s)
                         or employee(s) or representative(s) indulge(s) in any of
                         the following malpractices:-
                               (i) xx       xx xx
                               (ii) xx       xx xx
                               (ix) On submission of false or forged security as
                               earnest money and forged documents.
                         (b) (i) xx         xx   xx
                                 (ii) If any person as mentioned in clause 11(a) of
                                 this rule indulges in any malpractice as
                                 described in sub-clause(vi) to (xii) of 11(a) then
                                 the concerned contractor may be black-listed.”

                      6. Considering the facts and circumstances of the
          Patna High Court CWJC No.365 of 2026(2) dt.30-01-2026
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                    case, this Court is of the view that the ends of justice would be

                    met if the petitioner is granted an opportunity to place his case

                    before the competent authority.

                                7. Accordingly, the petitioner is directed to file a fresh

                    representation before Respondent No. 2, who in the event of

                    such representation is filed, shall consider the same and pass an

                    appropriate order in accordance with law, after granting an

                    opportunity of hearing to all the stakeholders.

                                8. With the aforesaid observation and direction, the

                    present writ application stands disposed of.

                                9. Pending application(s), if any, shall also stand

                    disposed of.



                                                (Sudhir Singh, J)


                                            (Alok Kumar Pandey, J)
sujit/-

U


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