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Patna High Court

Bhushan Constech and Marketing Private LimitedversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appellate authority's order rejecting the appeal on limitation grounds was set aside and the matter remitted to it for fresh consideration.

Summary

Bhushan Constech and Marketing Private Limited filed a writ petition challenging a blacklisting order dated 01‑09‑2025 issued by the Engineer‑in‑Chief, Rural Works Department, Bihar, and the subsequent rejection of its appeal on the ground of delay by the appellate authority on 12‑12‑2025. The petitioner contended that the blacklisting was arbitrary, mechanically passed, and that the appeal could not be dismissed solely for limitation. The High Court observed that the appellate authority had not adjudicated on the merits and that similar cases imposed a much shorter blacklisting period. Consequently, the Court set aside the 12‑12‑2025 order, remitted the matter to the appellate authority for fresh consideration within thirty days, and directed disposal of the appeal within ten weeks after hearing all stakeholders. The writ petition was thereafter disposed.

Issues considered

  • The legality of the blacklisting order issued by the Engineer‑in‑Chief, Rural Works Department.
  • Whether the appellate authority could reject the appeal solely on the ground of limitation.
  • Whether the blacklisting order was passed in a mechanical and arbitrary manner without application of mind.
  • Whether the period of blacklisting (two years) was proportionate compared to similar cases.

Subjects

  • blacklisting
  • certiorari
  • limitation
  • administrative law
  • arbitrary exercise of power
  • appeal
  • remand
  • high court
  • rural works department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.4073 of 2026
                 ======================================================
                 Bhushan Constech and Marketing Private Limited, a Company incorporated
                 under the Companies act, having its office at Main Road, Maner, through its
                 Director, Shashi Bhushan Singh, aged about 36 years Male, Son of Ram
                 Prasad Singh, resident of Village- Patila, Main Road Maner, P.S.- Patila,
                 District- Patna.
                                                                            ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through the Additional Chief Secretary, Rural Works
                  Department, Government of Bihar, Fifth Floor, Vishweshwaraiya Bhawan,
                  Patna, Bihar.
           2.    The Additional Chief Secretary, Rural Works Department, Government of
                 Bihar, Fifth Floor, Vishweshwaraiya Bhawan, Patna, Bihar.
           3.    The Secretary, Rural Works Department, Government of Bihar, Patna, Bihar.
           4.    The Deputy Secretary, Rural Works Department, Government of Bihar, Fifth
                 Floor, Vishweshwaraiya Bhawan, Patna, Bihar.
           5.    The Engineer in Chief- 01 (Patna), Rural Works Department, Government of
                 Bihar, Fifth Floor, Vishweshwaraiya Bhawan, Patna, Bihar.
           6.    The Superintending Engineering, Rural Works Department, Work Circle
                 Patna, Patna.
           7.    The Executive Engineer, Rural Works Department, Work Division Patna,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. Suraj Samdarshi, Advocate
                                                   Mr. Avinash Shekhar, Advocate
                 For the State             :       Mr. Raghawanand, GA-11
                                                   Mr. Prabhat Kumar, A.C. to GA-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   25-03-2026                   Heard learned counsel for the parties.

                                 2. The present writ application has been filed for the

                   following reliefs:-

                                                 “ i) To issue an appropriate writ,
                                      order or direction in the nature of certiorari for
Patna High Court CWJC No.4073 of 2026(2) dt.25-03-2026
                                            2/4




                         quashing order dated 12.12.2025 contained
                         memo no. 12663 dated 17.12.2025 passed by
                         Respondent Secretary, Rural Works Department,
                         whereby and whereunder the appeal preferred by
                         the petitioner against the blacklisting order
                         passed by Respondent Engineer in Chief
                         contained in memo no. 9436 dated 01.09.2025,
                         has been rejected merely on the grounds of delay.
                                      ii) To issue an appropriate writ, order
                         or direction in the nature of certiorari for
                         quashing order contained in memo no. 9436
                         dated 01.09.2025 issued by the Respondent
                         Engineer in Chief whereby and where under the
                         Petitioner has been blacklisted for a period of
                         two years.
                                       iii) This Hon'ble Court may further
                         adjudicate and hold that the impugned order of
                         blacklisting contained in memo no. 9436 dated
                         01.09.2025 has been passed in a mechanical
                         manner without application of mind.
                                      iv) This Hon'ble Court may further
                         adjudicate and hold that the action of the
                         Respondent Authorities, in blacklisting the
                         petitioner for a period of two years is complete
                         arbitrary exercise of authority/power.
                                      v) This Hon'ble Court may adjudicate
                         and hold that the appellate authority could not
                         have rejected the petitioner's appeal solely on
                         the ground of delay in filing.
                                      vi) To grant any other relief or reliefs
                         which the Petitioner may be found entitled to in
                         the facts and circumstances of the case.”
Patna High Court CWJC No.4073 of 2026(2) dt.25-03-2026
                                            3/4




                       3.   The     Appellate      Authority,   by   order   dated

          12.12.2025, communicated vide Memo No. 12663 dated

          17.12.2025 (Annexure-P/10), has rejected the appeal on the

          ground of limitation. It is evident therefrom that no adjudication

          on the merits of the case has been undertaken by the Appellate

          Authority.

                       4. Learned counsel for the petitioner submits that in

          similar cases, the penalty/punishment imposed was blacklisting

          for a period of three months, as reflected from Annexure-P/11 to

          the writ application.

                       5. In view of the aforesaid, the order dated 12.12.2025

          (Annexure-P/10) is hereby set aside and the matter is remitted

          back to the Appellate Authority for fresh consideration.

                       6. If the petitioner files a fresh appeal within a period

          of thirty days from today, the same shall be considered and

          decided by the Appellate Authority in accordance with law, after

          taking into consideration the orders passed in similar cases, as

          brought on record vide Annexure- P/11 and after affording due

          opportunity of hearing to all the stakeholders. The Appellate

          Authority shall dispose of the said appeal preferably within a

          period of ten weeks from the date of filing of the appeal.
          Patna High Court CWJC No.4073 of 2026(2) dt.25-03-2026
                                                      4/4




                                7. With the aforesaid observation, the present writ

                    application stands disposed of.

                                8. Pending application(s), if any, shall also stands

                    disposed of.



                                                (Sudhir Singh, J)


                                              (Shailendra Singh, J)
maynaz/anushka-

U


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