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Patna High Court

Nalanda Engicon Private Limited (JV)versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The debarment order, conditioned on failure to complete work by 30 June 2026, was upheld and the writ petition was dismissed.

Summary

Nalanda Engicon Private Ltd. filed a writ petition challenging a debarment order issued by BUIDCO, which stipulated that the company would be debarred unless it completed its contract work by 30 June 2026. The petition sought a certiorari to quash the debarment, a declaration that the debarment should not disqualify it from future tenders, and a mandamus directing BUIDCO to allow continued performance of the contract. BUIDCO argued that the debarment would take effect only if the work was not completed by the stipulated date. The High Court examined the conditional nature of the debarment order and found no merit in setting aside the order. Consequently, the court disposed of the writ petition, effectively upholding the debarment condition.

Issues considered

  • What is the validity of the debarment order conditioned on the completion of work by 30 June 2026?
  • Can the debarment order be quashed by a writ of certiorari?
  • Does the debarment constitute a disqualification from present or future tender processes?
  • Is a mandamus appropriate to compel the respondent to permit the petitioner to continue contract execution?

Subjects

  • debarment
  • public procurement
  • writ of certiorari
  • mandamus
  • contract performance
  • urban infrastructure
  • government contract

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8558 of 2026
                 ======================================================
                 Nalanda Engicon Private Limited (JV) having its office at 14 Sri Ram Tower,
                 West of Jalan Shop, Main Road, Kankarbagh, P.S. Kankarbagh, Patna-
                 800020, also at 4th Floor, N. P. Tower, Main Road, Kankarbagh, P.S.
                 Kankarbagh, Patna 800020, through its authorized representative Shashi
                 Bhooshan Mishra, son of Late Rajendra Mishra, aged about 54 years, Gender
                 - Male, resident of 2nd Floor, B/27, P. C. Colony, Behind Lohiya Park,
                 Kankarbagh, P.S. Kankarbagh, Patna- 800020.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Urban Development
                 Department, Government of Bihar, Patna.
           2.    Bihar Urban Infrastructure Development Corporation Ltd. (BUIDCO),
                 through its Managing Director, West Boring Canal Road, Near Rajapur Pul,
                 P.S. North S. K. Puri, Patna.
           3.    The Managing Director, Bihar Urban Infrastructure Development
                 Corporation Ltd. (BUIDCO), West Boring Canal Road, Near Rajapur Pul,
                 P.S.- North S. K. Puri, Patna.
           4.    The Chief General Manager (North Bihar Wing), Bihar Urban Infrastructure
                 Development Corporation Ltd. (BUIDCO), West Boring Canal Road, Near
                 Rajapur Pul, P.S. North S. K. Puri, Patna.
           5.    The Project Director, Bihar Urban Infrastructure Development Corporation
                 Ltd. (BUIDCO), 2nd Floor, Nagar Sarkar Bhawan, Nagar Nigam, Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shekhar Singh, Sr. Adv.
                                               Mr. Prasoon Shekhar, Adv.
                                               Mrs. Shambhavi Singh, Adv.
                 For the BUIDCO         :      Mr. Lalit Kishor, Sr. Adv.
                                               Mr. R.K. Priyadarshi, Adv.
                                               Mr. Ayush Kumar, Adv.
                                               Mr. Kanishka Shankar, Adv.
                 For the State          :      Mr. Ravish Chandra, A.C. to S.C.-11
                 ======================================================
                 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:-
Patna High Court CWJC No.8558 of 2026(2) dt.25-06-2026
                                             2/3




                             “ A. For issuance of an appropriate writ in the nature
                  of certiorari, or any other appropriate writ, order or
                  direction, for quashing the order contained in Letter No.
                  295/Saharsa dated 30.05.2026 (communicated vide email
                  dated 01.06.2026), whereby the petitioner has been debarred
                  by BUIDCO, subject to the condition that the said debarment
                  shall stand revoked upon completion of the project by
                  30.06.2026;
                             B. For issuance of an appropriate writ, order or
                  direction declaring that the impugned debarment shall not
                  operate as disqualification against the petitioner for
                  participation in any present or future tender process during its
                  subsistence;
                             C. For issuance of an appropriate writ in the nature of
                  mandamus commanding the respondents to permit the
                  petitioner to continue execution of the contract strictly in
                  accordance with the terms and conditions of the agreement
                  and        to    perform   its   contractual   obligations   without
                  obstruction.”


                        2.        The learned senior counsel for the petitioner

          submits that vide order dated 23.05.2026 passed by the Project

          Director, Bihar Urban Infrastructure Development Corporation

          Ltd. (BUIDCO), Saharsa, the petitioner was given a warning to

          complete the remaining work in question by 30.06.2026, failing

          which he would be debarred. Nonetheless, vide order dated

          30.05.2026, passed by the Project Director, BUIDCO, Saharsa,

          the petitioner has been debarred and now it has been stated in

          the said order that in case the petitioner completes work by
            Patna High Court CWJC No.8558 of 2026(2) dt.25-06-2026
                                                        3/3




                      30.06.2026 he would be removed from the debarment list.

                                  3.     On the contrary, the learned senior counsel

                      appearing for BUIDCO submits that considering the facts and

                      circumstances of the case, especially the order dated 23.05.2026

                      passed by Project Director, BUIDCO, Saharsa, it is clarified that

                      the effect of the order of debarment dated 30.05.2026 shall

                      come into force in case the work is not completed by the

                      petitioner by 30.06.2026. It is directed, accordingly.

                                  4. The writ petition stands disposed of.



                                             (Mohit Kumar Shah, J)


                                                   ( Raj Kumar, J)
kanchan/-

U


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