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
2/3
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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