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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