Patna High Court
M/s Manisha Construction through its partner Rajesh KumarversusThe State of Bihar, through the Secretary,
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file an appeal against the blacklisting order and disposed of the writ petition on that basis.
Summary
M/s Manisha Construction, through its partner Rajesh Kumar, filed a writ petition challenging a three‑year blacklisting order dated 09‑03‑2026 issued by the Engineer‑in‑Chief of the Rural Works Department. The petitioner alleged that the order was passed on frivolous grounds, violated principles of natural justice, and infringed Articles 14, 19(1)(g) and 21 of the Constitution. The Court examined whether the blacklisting was arbitrary, perverse, and violative of constitutional rights. It held that the petitioner was entitled to seek liberty to file an appeal against the blacklisting order before the Secretary of the Rural Works Department. The Court directed that if the appeal is filed within four weeks, it shall be heard on merits without limitation bars, and a reasoned order must be delivered within six weeks. Accordingly, the writ petition was disposed of on these terms.
Issues considered
- Whether the blacklisting order dated 09‑03‑2026 is violative of Article 14, 19(1)(g) and 21 of the Constitution
- Whether the order was passed without observing the principles of natural justice
- Whether the petitioner is entitled to liberty to file an appeal against the blacklisting order
Subjects
- blacklisting
- natural justice
- writ of mandamus
- constitutional rights
- Article 14
- Article 19(1)(g)
- Article 21
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7689 of 2026
======================================================
M/s Manisha Construction through its partner Rajesh Kumar Son of Dulkhan
Yadav, Resident of Village - Dhobi P.S. - Dobhi, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Secretary, Rural Works Department, Govt. of
Bihar, Vishwaswraiya Bhawan, Baily Road, Patna.
2. Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Vishwaswraiya
Bhawan, Bailey Road, Patna.
3. The Executive Engineer, Rural Works Department, Works Division,
Nawada, Govt. of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Kumar Ojha, Adv.
For the State : 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 The present writ petition has been filed seeking the
following reliefs:-
“1(i). To issue an appropriate writ / order direction in the
Nature of Mandamus to set aside the reasoned order dated
09-03-2026 read with Memo No. 2946 dated 09-03-2026
passed by the Engineer in Chief (respondent no.2), Rural
Works Department, Govt. of Bihar, whereby the petitioner
has been blacklisted for 3 years on frivolous ground
without following the principle of natural justice.
(ii). To hold and declare that the action of the respondent
authorities to blacklist the petitioner is violative of Article
14, 19(1)(g) and 21 of the Constitution of India.
(iii). To hold and declare that the Impugned order dated 09-
Patna High Court CWJC No.7689 of 2026(2) dt.25-06-2026
2/2
03-2026 is arbitrary, perverse and passed on frivolous
ground.”
2. At the outset, the learned counsel for the petitioner seeks
liberty on behalf of the petitioner to challenge the order of
blacklisting dated 9.3.2026, passed by the Engineer-in-Chief,
Rural Works Department, Government of Bihar, Patna by filing
appropriate appeal. Liberty, so sought, is granted.
3. It is needless to state that in case appropriate appeal is
filed before the Secretary, Rural Works Department,
Government of Bihar, Patna within a period of four weeks from
today, the same shall be considered by the Secretary, Rural
Works Department, Government of Bihar, Patna on merits,
without being impeded by the issue of limitation and a reasoned
and a speaking order shall be passed within a period of six
weeks, thereafter.
4. Accordingly, the present writ petition stands disposed of
on the aforesaid terms.
(Mohit Kumar Shah, J)
( Raj Kumar, J)
Ajay/-
U
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