Patna High Court
Ran Vijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the order had been recalled, the petitioner’s grievance was already redressed, and therefore the writ petition was dismissed.
Summary
The petitioner, Ran Vijay Kumar Singh, challenged an order dated 2 September 2024 issued by the Executive Officer of Nagar Parishad Narkatiyaganj that forfeited his security deposit and debarred his Class‑IV license (No‑19250425) on the ground that it was arbitrary and beyond jurisdiction. He sought a writ of certiorari, return of the seized money, compensation for reputational damage, and a stay of the order pending the writ. The State of Bihar contended that the impugned order had already been recalled by a subsequent memo (No. 1359 dated 22 August 2025), which was placed on record. The Court examined the recall and concluded that the petitioner’s grievance had been effectively redressed. Consequently, no further relief was warranted and the writ petition was disposed of. The application was dismissed without any order against the respondents.
Issues considered
- Whether the order dated 02/09/2024 forfeiting security money and debarring the licence was valid and within jurisdiction
- Whether the recall of the order by Memo No. 1359 dated 22/08/2025 obviates the need for a writ of certiorari
- Whether the petitioner is entitled to return of the earnest money, compensation, and a stay of the impugned order
Subjects
- writ of certiorari
- administrative order
- forfeiture of security deposit
- license debarment
- recall of order
- municipal authority
- compensation
- stay of execution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7729 of 2025
======================================================
Ran Vijay Kumar Singh, aged about 69 years, Gender-Male, Son of Badri
Nath Singh, Resident of Village-Hardiya Chowk, Ward No.-02, P.S.-
Narkatiaganj, Distt.-West Champaran (Bihar)-845455.
... ... Petitioner
Versus
1. The State of Bihar through Additional Secretary Urban Development and
Housing Department (UD and HD), Govt. of Bihar.
2. The District Magistrate, Bettiah West Champaran.
3. The Sub Divisional Officer, Narkatiaganj, Bihar.
4. The Chief Counselor, Nagar Parishad Narkatiyaganj, West Champaran,
Bihar.
5. The Executive Officer, Nagar Parishad Narkatiaganj, West Champaran
Bihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Arvind Kumar, Advocate and Mr. Nishant
Kumar Sinha, Advocate.
For the State : Mr. Kinkar Kumar, S.C.- 9
For the Nagar Parishad : Mr. Prashant Kumar, Advocate and Mr. Manaur
Alam, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 07-05-2026 Heard learned counsel for the parties.
2. Following are the reliefs sought for in the present
writ petition:-
“1(i) For Issuance of a writ in the nature of
certiorari for setting aside the office order
dated 02/09/2024 vide Memo No-
1548,1547,1545,1546 issued from the office
of Nagar Parishad, Narkatiyaganj, West
Champaran under the signature of Nagar
Executive officer, Nagar Parishad,
Narkatiyaganj, whereby the Nagar Executive
officer forfeited the security money and
Patna High Court CWJC No.7729 of 2025(3) dt.07-05-2026
2/3
proceed further to debar the License No-
19250425/Class-IV, which is completely in
arbitrary manner and also having no
jurisdiction to proceed against the petitioner
only when he has not deposited additional
performance guarantee amount.
(ii) For that after setting aside the above
departmental order as issued arbitrary in
view of Column 11(K) (05) and f2 Rule 9 of
the agreement, not to proceed for debarring
the license of the petitioner and also return
the earnest money, which has been seized or
forfeited purportedly.
(iii) Further the petitioner may be
compensated adequately for the passing of
wrong order and mental agunity and also the
tarnish of reputation in the business
community due to the over approach of
Nagar Executive officer, Nagar Parishad,
Narkatiyaganj.
(iv) For also a direction to the respondent
authority by allowing the petitioner to
participate with other tenders in different
place and the order impugned may not come
in the way for the same.
(v) During pendency of the writ application
the order dated 02/09/2024 contained in
Gyapank No- 1548, 1547, 1546, 1545 passed
by Nagar Executive officer, Nagar Parishad,
Narkatiyaganj may kindly be stayed till the
disposal of the present writ application.
(vi) For any other relief/relief's deem fit and
proper in the facts and circumstances of the
case.”
3. Learned counsel for the State submits that the order
under challenge dated 02.09.2024 has already been recalled vide
Memo No. 1359 dated 22.08.2025. The said memo has been
produced during course of argument and the same is marked as
Flag ‘X’ and will be made part of the record.
Patna High Court CWJC No.7729 of 2025(3) dt.07-05-2026
3/3
4. Considering the aforesaid submission, no further
order is required to be passed in the present writ application as
the grievance of the petitioner has already been redressed.
5. Accordingly, the present writ application stands
disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
U.K./-BKS
U
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