M/S T. K. ConstructionversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7679 of 2026
                 ======================================================
                 M/S T. K. Construction through its Proprietor Rahul Kumar, S/o Ashok
                 Kumar Singh, Resident of 243, Modern English School, Sri Krishna Puri-
                 Nawada, New Area, Nawada, P.S.- Nawada Sadar, Bihar- 805110, having its
                 registered office at Sri Krishna Puri, New Area, Nawada, Bihar -805110.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Secretary, Rural Works Department, Government of Bihar, Patna.
           3.    The Engineer-in-Chief, Rural Works Department, Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Sourav Suman, Adv.
                                              Ms. Pragati Patra, Adv.
                                              Mr. Pranav Raj, Adv.
                 For the Respondent/s   :     Mr.Government Pleader (20)
                 ======================================================
                 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              The present writ petition has been filed seeking the

                   following reliefs:-

                          “1(I). For issuance of an appropriate writ/order/direction
                          in the nature of Certiorari for quashing and setting aside
                          the impugned reasoned order contained in Letter No.
                          2949, dated 09.03.2026 (as contained in ANNEXURE-
                          P/4), whereby the petitioner has been blacklisted for a
                          period of two years being blatantly illegal, without
                          jurisdiction, mala-fide & violative of Bihar Contractors
                          Registration Rules, 2007 and in complete contravention of
                          principles of natural justice.
                          (II). For issuance of an appropriate writ/order/direction in
Patna High Court CWJC No.7679 of 2026(2) dt.25-06-2026
                                            2/4




                 the nature of Certiorari for quashing and setting aside the
                 communication contained in Letter No. 4605, dated
                 16.04.2026 (as contained in ANNEXURE-P/6), issued by
                 the Engineer-in-Chief, Rural Works Department, Patna,
                 Bihar, whereby the representation/appeal of the petitioner
                 has been rejected on technical grounds, being arbitrary,
                 illegal and violative of principles of natural justice;
                 (III). For issuance of an appropriate writ order/
                 direction(s) in the nature of mandamus for a direction to
                 the concerned Respondents to revoke the Order of
                 Blacklisting of the petitioner and to enable to him to
                 participate in future/ upcoming tenders.;
                 (IV). For issuance of an appropriate writ order/
                 direction(s) in the nature of Mandamus for a mandatory
                 injunction commanding the concerned respondents to
                 forthwith withdraw, rescind and/or cancel the Order of
                 blacklisting from participating in tender for 2 years and to
                 allow him to participate in other/ different tender(s) issued
                 by the concerned respondents;
                 (V). For issuance of an appropriate writ order/
                 direction(s) for granting the stay on Letter No. No. 2949
                 dated 09.03.2026 till the final disposal of this present
                 matter;
                 (VI). For issuance of an appropriate writ/order/direction
                 in the nature of Mandamus, directing the respondents to
                 consider and dispose of the representation dated
                 23.03.2026 (as contained in ANNEXURE-P/5) submitted
                 by the petitioner in accordance with law.”
          2.      At the outset, the learned counsel for the Respondents has
Patna High Court CWJC No.7679 of 2026(2) dt.25-06-2026
                                            3/4




          pointed out that the appeal filed by the petitioner against the

          order of blacklisting dated 09.03.2026, passed by the Engineer-

          in-Chief, Rural Works Department, Government of Bihar, Patna

          is defective, inasmuch as firstly it has been filed after expiry of

          the period of limitation, as provided for under Rule 11(E) of the

          Bihar Registration of Contractors Rules (Rural Works

          Department), 2007 and secondly, the same has not been filed

          before the appropriate authority.

          3.       In view of the aforesaid, the learned counsel for the

          petitioner seeks liberty on behalf of the petitioner to file fresh

          appeal before the Secretary, Rural Works Department,

          Government of Bihar, Patna within a period of two weeks from

          today.

          4.       Having regard to the facts and circumstances of the case,

          we deem it fit and proper to grant liberty to the petitioner to file

          appropriate appeal within a period of two weeks from today

          before the Secretary, Rural Works Department, Government of

          Bihar, Patna and in case such an appeal is filed within a period

          of two weeks from today, the Secretary, Rural Works

          Department, Government of Bihar, Patna shall consider the

          same on merits without being impeded by the issue of limitation

          and pass a reasoned and a speaking order within a period of four
         Patna High Court CWJC No.7679 of 2026(2) dt.25-06-2026
                                                     4/4




                   weeks, thereafter.

                   5.      Accordingly, the present writ petition stands disposed of

                   on the aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                                ( Raj Kumar, J)

Ajay/-

U