Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition was dismissed because an alternative remedy under Rule 11 of the Bihar Contractors Registration Rules, 2007 is available to the petitioner.
Summary
The petitioner, Dharmendra Kumar, a contractor, challenged an order (Letter No. 1276 dated 10‑12‑2025) that black‑listed him for ten years under Clause 11 of the Bihar Contractors Registration Rules, 2007, alleging the order was not a valid State Government decision because it lacked the Governor’s signature, proper authentication and gazette publication. He sought quashing of the order, a declaration of its invalidity, and a restraining order against its enforcement. The State argued that the petitioner had an alternative remedy under Rule 11 of the Bihar Contractors Registration Rules, 2007. The Court held that because an efficacious alternative remedy exists, the writ petition could not be entertained on its merits. Consequently, the writ application was disposed, with liberty granted to the petitioner to file an appeal under the said rule within 30 days.
Issues considered
- Whether the High Court can entertain a writ petition challenging the black‑listing order when an alternative remedy under Rule 11 of the Bihar Contractors Registration Rules, 2007 is available.
- Whether the order issued by the Chief Engineer qualifies as a decision of the State Government requiring the Governor’s signature, authentication and gazette publication.
Subjects
- writ jurisdiction
- alternative remedy
- contractor registration
- blacklisting
- administrative order
- gazette notification
- Rule 11
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.510 of 2026
======================================================
Dharmendra Kumar Son of Late Jairam Sharma, Resident of Village
Khudauri, P.S. Hulasganj, District- Jehanabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Minor Irrigation Department, Government of Bihar,
Patna, Patna.
3. The Engineer-In-Chief, Minor Irrigation Department, Government of Bihar,
Patna, Patna.
4. The Chief Engineer, Minor Irrigation Department, Government of Bihar,
Patna.
5. The Chief Engineer (Planning and Monitoring and Geology), Minor
Irrigation Department, Government of Bihar, Patna.
6. The Superintending Engineer (Headquarters) Monitoring, Minor Irrigation
Department, Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 02-02-2026 The present writ application has been filed for the
following reliefs:
(i) Quashing of the Order No. 67 as
contained in Letter No. 1276 dated 10.12.2025
(Annexure P/9) by which the Chief Engineer
(Respondent No. 5) without considering the Reply/
Patna High Court CWJC No.510 of 2026(2) dt.02-02-2026
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Objection filed by the petitioner and traveling
beyond the relied upon provisions in the Show
Cause Notice has blacklisted the Registration of the
petitioner for a period of 10-years in terms of
Clause 11 of the Bihar Contractors Registration
Rules, 2007 read with Order No. 154 dated
18.06.2015 issued by the Road Construction
Department;
(ii) Declaration to the effect that no
rights and liabilities could accrue out of Order No.
154 dated 18.06.2015 as the same cannot be
treated as the decision/order of the State
Government for the reason that the same has not
been issued in the name of Governor of Bihar nor
has been authenticated as per the Rules of
authentication of Government Orders and has
further not been published in the Gazette of the
State; and
(iii) Restraining the Respondents from
giving effect to the Office Order No. 67 dated
10.12.2025 during the pendency of the present writ
application and/or the without the leave of this
Hon’ble Court.
2. The petitioner has challenged Letter No. 1276 dated
10.12.2025, which has been annexed as Annexure-P/9 to the
writ application. The relevant extract of which is reproduced
hereunder:-
“अतः उपरोकत पररप्रेक् मे वरररत ्ोजनाओं की
रनरवदा मे फजी र अनु भव प्रमार पत्र सं लगन करने के कारर
सं वेदक श्री धमर नद्र कुमार, ग्राम खु दौरी, पो० थाना-हुलासगं ज,
Patna High Court CWJC No.510 of 2026(2) dt.02-02-2026
3/4
रजला-जहानाबाद, रपन कोड 804407 (रनबं धन सं ०-ल०ज०सं ०रव०-
01/2019 श्रेरी-1) को रबहार ठीकेदारी रनबं धन रन्मावली, 2007
के रन्म-11 (क) की उप कंरडका (vii) एवं पथ रनमारर रवभाग,
रबहार, पटना के आदे श सं 0-154 रदनांक-18.06.2015 की कंरडका-
08 के उप कंरडका- 04 के तहत अगले 10 वरोरं के रल्े कालीकृत
रक्ा जाता है । ”
3. Learned counsel for the State submits that the
petitioner has an alternate remedy available before the
competent authority under Rule 11(?k) of the Bihar Contractor
Registration Rules, 2007, which is extracted hereinbelow:-
11¼?k½ fn;s x;s n.M ds fo:)] laosnd }kjk]
rhl fnuksa ds vUnj vk;qDr ,oa lfpo ds le{k vihy
nk;j fd;k tk ldsxkA
4. Considering the fact that an efficacious alternative
remedy is available to the petitioner, this Court is not inclined to
entertain the present writ application on merits.
5. Accordingly, the present writ application is
disposed of with liberty to the petitioner to prefer an appeal in
accordance with Rule 11(?k) of the Bihar Contractor Registration
Rules, 2007, within a period of 30 days from today.
6. The petitioner shall be at liberty to raise all
questions of fact as well as questions of law before the
Appellate Authority.
7. In the event an appeal is filed, the authority
Patna High Court CWJC No.510 of 2026(2) dt.02-02-2026
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concerned shall consider and decide the same preferably within
a period of eight weeks from the date of its filing.
8. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Anushka/-
U
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