Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the debarment order should be set aside pending verification of the admitted dues, and directed the respondents to pay any such dues within six weeks, thereby providing relief to the petitioner.
Summary
The petitioner, Chandan Kumar, filed a writ petition challenging a debarment order that barred him from participating in future tenders because of an alleged unpaid electricity bill, and also sought payment of admitted dues for work completed under a 2019 agreement. He claimed the debarment and related orders were arbitrary, whimsical, and issued without proper appreciation of facts and law. The court examined the petition and directed the respondent (the State of Bihar) to scrutinize the outstanding dues and, if any amount was admitted, to pay the petitioner within six weeks of the order. The court also indicated that the debarment could be revoked once the dues are cleared. Consequently, the writ petition was disposed of on these terms, effectively setting aside the debarment pending payment.
Issues considered
- Whether the debarment order issued by the Public Health Engineering Department was arbitrary, whimsical, and violative of principles of natural justice.
- Whether the court can quash the debarment order and related office orders through a writ of certiorari.
- Whether the court can direct the respondents to pay the admitted dues and thereby issue a writ of mandamus.
Subjects
- writ of certiorari
- writ of mandamus
- debarment
- tender participation
- public health engineering
- payment of dues
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5681 of 2026
======================================================
Chandan Kumar S/o Arun Kumar Singh, R/o Chitrakut Nagar, Road No. 07,
B.B. Ganj, P.S.- Bhagwanpur, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Govt. of
Bihar, Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna.
4. The Chief Engineer, Public Health Engineering Department, Govt. of Bihar,
Patna.
5. The Zonal Chief Engineer, Public Health Engineering Zone, Muzaffarpur.
6. The Superintending Engineer, Public Health Engineering Circle,
Muzaffarpur.
7. The Executive Engineer, Public Health, Division, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the State : Mr. Alok Ranjan, AC to AAG
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 18-04-2026 The present writ petition has been filed seeking the
following reliefs:-
“1. Writ of Certiorari for quashing/setting aside
the Letter No. PH/BWSM/LOS-MUZ/433/2026 dated-
26.02.2026 as contained in Memo No. PH/BWSM/LOS-
MUZ/433/2026-204 dated 17.03.2026 issued by the office
of the Secretary, Public Health Engineering Department,
Bihar State Water and Sanitation Mission (State Project
Management Unit) by which the order passed by the
Patna High Court CWJC No.5681 of 2026(2) dt.18-04-2026
2/3
Hon'ble Court vide its order dated-29.01.2026 passed in
CWJC No.1171/2026 in favour of the petitioner was
disposed of in a higher technical and wrong manner
against the petitioner without appreciating the factual
and legal aspects of the matter.
II. and/or be pleased to quash/set aside the office
order no.200 dated-23.12.2025 as contained in memo
no.3063 dated-23.12.2025 issued by the office of the
Executive Engineer, Public Health Division, Muzaffarpur
by which the petitioner has been debarred from taking
part in any next tender/bid offered by the respondents due
to not making payment of electricity bill, due till date, in
a wrong, arbitrary and whimsical manner as the
authority has not made payment of the admitted dues of
the cost of O & M,S D and EMD even after expiry of the
period of the agreement so that the petitioner would make
payment of electricity bill.
III. And/or be pleased to issue a writ in the nature
of writ of mandamus or an appropriate writ/writs,
order/orders or direction/directions commanding the
respondents to make payment of the admitted dues of the
work done by the petitioner as well as the cost of O&M,
F.D. and E.M.D with related to the agreement no.
RWSS/DPMU/MUZ/BIH/Batch-I/W-36 Dated-13.09.2019
of Lohari S.V.S Project as the time of O&M is also ended
till 09-12-2025,
IV. And/Or be pleased to direct the authorities to
make payment of the amount of Security Deposit (SD)
deducted from MB and Earnest money Deposits (EMD)
which is required to be paid to the petitioner forthwith
because the time of O & M is ended and the department
is holding the same in an unauthorized manner.”
2. At the outset, the learned counsel for the petitioner
submits that the respondents be directed to make payment of the
admitted dues and in case the admitted dues are paid to the
Patna High Court CWJC No.5681 of 2026(2) dt.18-04-2026
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petitioner, he would clear the electricity bills immediately and
then the Secretary Public Health Engineering Department, Bihar
State Water Sanitation Mission (State Project Management Unit)
Government of Bihar, Patna may consider revoking the
debarment of the petitioner in terms of last paragraph of the
impugned order dated 17.03.2026.
3. In view of the aforesaid, while disposing of the
present writ petition, we deem it fit and proper to direct the
respondent no.2 to examine the case of the petitioner regarding
the outstanding dues and in case any admitted amount is due for
payment to the petitioner, the same shall be paid to the petitioner
within a period of six weeks of receipt/production of a copy of
this order.
4. The writ petition stands disposed of on the
aforesaid terms.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
kanchan/-
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