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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