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Patna High Court

Maa Jwala EnterprisesversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appellate order upholding the two‑year blacklisting is set aside and the matter remitted for re‑examination in accordance with law.

Summary

Maa Jwala Enterprises filed a writ petition challenging its blacklisting for two years under Memo No.12458 dated 11‑12‑2025 by the Bihar Rural Works Department, alleging that similar bidders accused of the same misconduct were given a reduced penalty of three months. The petitioner argued that the appellate authority, in upholding the blacklisting through Memo No.1925 dated 13‑02‑2026, failed to consider the precedent of reduced sanctions and violated the principle of parity. The court examined whether the appellate order was legally sound and whether the petitioner was entitled to equal treatment. It held that the appellate authority erred by not taking into account the comparative cases and therefore set aside Memo No.1925. The matter was remitted to the appellate authority to re‑examine the blacklisting order, preferably within four weeks, and the writ application was disposed of.

Issues considered

  • Whether the blacklisting order dated 11‑12‑2025 can be quashed on the ground of violation of the principle of parity with similarly situated bidders.
  • Whether the appellate authority erred in upholding the blacklisting without considering precedent of reduced penalties.
  • Whether a writ of mandamus can be issued to direct a reduced period of blacklisting.

Subjects

  • blacklisting
  • tender
  • forged experience certificate
  • parity
  • certiorari
  • mandamus
  • administrative law
  • equality
  • Bihar Rural Works Department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3779 of 2026
                 ======================================================
                 Maa Jwala Enterprises, a sole proprietorship having its office At and P.O.-
                 Tiwari Tola, District-Saharsa (Bihar), Pincode-852201, through its sole
                 proprietor, namely, Hari Shankar Jha, aged about 44 years (Male), Son of
                 Hemant Kumar Jha, Resident of Tiwari Tola, Ward No. 33, Nagar Parishad,
                 P.S. and District-Saharsa, Bihar.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Rural Works
                 Department, Government of Bihar, 5th Floor, Visvesvaraya Bhawan, Nehru
                 Path, Patna, Bihar-800015.
           2.    The Additional Chief Secretary, Rural Works Department, Government of
                 Bihar, 5th Floor, Visvesvaraya Bhawan, Nehru Path, Patna, Bihar-800015.
           3.    The Secretary, Rural Works Department, Government of Bihar, 5th Floor,
                 Visvesvaraya Bhawan, Nehru Path, Patna, Bihar-800015.
           4.    The Deputy Secretary, Rural Works Department, Government of Bihar, 5th
                 Floor, Visvesvaraya Bhawan, Nehru Path, Patna, Bihar-800015.
           5.    The Engineer in Chief cum Additional Commissioner cum Special Secretary,
                 Rural Works Department, Government of Bihar, 5th Floor, Visvesvaraya
                 Bhawan, Nehru Path, Patna, Bihar-800015.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Y.V. Giri. Sr. Adv.
                                                  Ms. Shrishti Singh, Adv.
                                                  Mr. Pranav Kumar, Adv.
                 For the Respondent/s     :       Mr. P.K. Shahi, AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   19-03-2026                   Heard learned counsel for the parties.

                                 2. Following are the reliefs sought in the present

                   application :

                                                "(i) To issue an appropriate writ, order,
                                    direction in the nature of certiorari for quashing the
                                    order bearing memo no. 12458 dated 11.12.2025
                                    issued under the signature of the Engineer-in-Chief-
Patna High Court CWJC No.3779 of 2026(2) dt.19-03-2026
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                         cum-Additional              Commissioner-cum-Special
                         Secretary, Rural Works Department, Government of
                         Bihar, whereunder the petitioner has been blacklisted
                         for a period of 2 years (Annexure-P/6, Pg.24).
                                      (ii) To issue an appropriate writ, order,
                         direction in the nature of certiorari for quashing the
                         order bearing memo no. 1925 issued on 13.02.2026
                         under the signature of the Secretary, Rural Works
                         Department, Government of Bihar, on 06.02.2026
                         whereunder the order bearing memo no. 12458 dated
                         11.12.2025 of blacklisting the petitioner for a period
                         of 2 years has been upheld (Annexure-P/9, Pg.30).
                                      (iii) To issue an appropriate writ, order,
                         direction in the nature of mandamus commanding the
                         respondents to alternatively, impose the punishment
                         of blacklisting for a period of 3 months as has been
                         done in the case of similarly situated bidders for the
                         same charge of uploading forged experience
                         certificate in the tenders floated by the same
                         department.
                                      (iv) To any other relief or reliefs for which
                         the petitioner is found to be entitled to in the facts
                         and circumstances of the case."

                      3. By filing the present writ application, the petitioner

          seeks quashing of the order contained in Memo No. 12458 dated

          11.12.2025 (Annexure -P/6), whereby the petitioner's firm has

          been blacklisted for a period of two years. Against the said

          order, the petitioner preferred an appeal, which was also rejected

          by the appellate authority by order contained in Memo No. 1925

          dated 13.02.2026 (Annexure-P/9).

                      4. Learned counsel for the petitioner submits that for

          similar allegations, altogether six persons were blacklisted for a

          period of two years, and in the case of five persons, the

          appellate authority had reviewed the order of blacklisting and
          Patna High Court CWJC No.3779 of 2026(2) dt.19-03-2026
                                                      3/3




                    reduced the period of blacklisting from two years to three

                    months vide Annexure-P/10 series. However, the appellate

                    authority, without considering Annexure-P/10 series, passed the

                    order in respect of the petitioner affirming the blacklisting for a

                    period of two years. As such, the petitioner claims the right of

                    parity.

                                5. Considering the aforesaid submissions, the order

                    contained in Memo No. 1925 dated 13.02.2026 (Annexure-P/9)

                    is set aside, and the matter is remitted back to the appellate

                    authority to re-examine the matter and pass an appropriate order

                    in accordance with law, taking into account Annexure-P/10

                    series, preferably within a period of four weeks from the date of

                    receipt/production of a copy of this order.

                                6. With the aforesaid observation and direction, this

                    application stands disposed of.

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

                    disposed of.



                                                (Sudhir Singh, J)


                                             ( Shailendra Singh, J)
annu/Rajesh
U


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