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Patna High Court

M/s Nyasha EnterprisesversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition stands disposed, with the respondents directed to dispose of the pending appeal within six weeks, thereby staying the operation of the notice during that period.

Summary

M/s Nyasha Enterprises filed a writ petition challenging a Notice to Show Cause dated 20‑03‑2026 issued by the Chief Engineer of the Minor Irrigation Department, alleging submission of forged records in a tender and threatening blacklisting under the Bihar Contractors Registration Rules, 2007. The petitioner sought quashing of the notice and a stay of its operation pending the writ. The respondents filed a counter‑affidavit and indicated that an appeal against the blacklisting order had been filed before the Principal Secretary, who would dispose of it within six weeks. The Court, after hearing counsel, directed that the writ petition be disposed of subject to the respondents disposing of the appeal within the stipulated period. No substantive adjudication on the merits of the notice was made; the petition was effectively stayed pending the administrative appeal.

Issues considered

  • Whether the Notice to Show Cause dated 20‑03‑2026 can be quashed.
  • Whether a stay of the operation of the notice is warranted during the pendency of the writ petition.
  • Whether the pending appeal before the Principal Secretary suffices to stay the blacklisting order.

Legislation cited

  • Bihar Contractors Registration Rules

Subjects

  • blacklisting
  • notice to show cause
  • writ petition
  • stay order
  • contractors registration
  • administrative appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7668 of 2026
                 ======================================================
                 M/s Nyasha Enterprises having its Registered Office at Rakibganj, Tekari,
                 P.S.- Tekari, District- Gaya, through its Proprietor, Harendra Kumar, aged
                 about 45 years (Male), S/o- Lalan Singh, R/o- Rakibganj, Tekari, P.S.- Tekari,
                 District- Gaya.
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Principal Secretary, Minor Irrigation
                  Department, Government of Bihar, Patna.
           2.    The Engineer in Chief, Minor Irrigation Department, Government of Bihar,
                 Patna.
           3.    The Chief Engineer, Minor Irrigation Department, Government of Bihar,
                 Patna.
           4.    The In-Charge Chief Engineer (Planning, Monitoring and Geology), Minor
                 Department, Government of Bihar, Patna, Irrigation.
           5.    The Superintending Engineer, (Planning, Monitoring and Geology), Minor
                 Irrigation Department, Government of Bihar, Patna.
           6.     The Executive Engineer, Minor Irrigation Division, Patna, Bihar.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Rajiv Kumar Singh, Adv.
                                                Mr. Mohit Ranjan, Adv.
                 For the Respondent/s   :       Mr.Alok Ranjan, AC to AAG-5.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   25-06-2026                    Heard the learned counsel for the parties.

                                 2. The learned counsel for the respondents seeks to

                   file a counter affidavit, copy whereof has already been filed

                   online. Let the same be kept on record.

                                 3. The present writ application has been filed seeking

                   the following reliefs:-

                                            (i) Quashing of the Notice to Show Cause
Patna High Court CWJC No.7668 of 2026(2) dt.25-06-2026
                                            2/3




                                  dated 20.03.2026 contained in Letter No.
                                  433 issued by the Chief Engineer (Planning,
                                  Monitoring and Geology). Minor Irrigation
                                  Department, Government of Bihar, Patna,
                                  whereby on the allegation of submitting
                                  forged     records     of   Dozer   Machine   in
                                  connection with Tender process arising out
                                  of NIT No. 14/2021-22 (Group No. 05)
                                  relating to the "Renovation of Jujharpur
                                  Pyne Scheme", the petitioner has been asked
                                  to Show Cause within a week as to why the
                                  Registration may not be put under blacklist
                                  in terms of Bihar Contractors Registration
                                  Rules, 2007. A copy of the show cause dated
                                  20.03.2026 is annexed as ANNEXURE P/1
                                  to this application.
                                  (ii) Direction upon the Respondents to stay
                                  the operation of the impugned Notice to
                                  Show Cause dated 20.03.2026 contained in
                                  Letter No. 433 during the pendency of the
                                  present writ application.
                      4. At the outset, the learned counsel for the petitioner

          submits that during the pendency of the present writ petition, the

          blacklisting order has been passed by the respondents qua the

          petitioner herein, which has been challenged by the petitioner by

          filing an appeal before the Principal Secretary, Minor Irrigation

          Department, Government of Bihar, Patna, hence, the same be

          directed to be disposed of expeditiously.
        Patna High Court CWJC No.7668 of 2026(2) dt.25-06-2026
                                                    3/3




                              5. The learned counsel for the respondents submits

                  that if it is true that the petitioner has filed an appeal, the same

                  would definitely be disposed of by the Principal Secretary,

                  Minor Irrigation Department, Government of Bihar, Patna

                  within a period of six weeks from today. It is directed

                  accordingly.

                              6. The present writ petition stands disposed of on the

                  aforesaid term.



                                         (Mohit Kumar Shah, J)


                                               ( Raj Kumar, J)
Nirmal/AKV
U


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