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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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