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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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