Created by Fuzzy Cloud

Patna High Court

M/s Ganpati Infra,versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The blacklisting order is set aside and the case remitted for a fresh show‑cause notice and a reasoned hearing.

Summary

M/s Ganpati Infra challenged a blacklisting order issued under Clause 11(Ka)(ii) of the Bihar Contractors Registration Rules, 2007, alleging that the authority ignored its reply to a show‑cause notice and acted arbitrarily. The petitioner had previously been debarred by a 2024 order that was later set aside by this Court. A fresh show‑cause notice was issued in April 2025, but the authority proceeded on the premise that no reply was filed, despite the petitioner’s dated response. The Court found the impugned order to be a non‑application of mind, violative of natural justice, and set it aside. The matter was remitted to the authority to issue a new show‑cause notice, afford a personal hearing, and pass a reasoned order.

Issues considered

  • Whether the blacklisting order under Clause 11(Ka)(ii) of the Bihar Contractors Registration Rules, 2007 is valid in view of the earlier debarment order being set aside.
  • Whether the authority correctly considered the petitioner’s reply to the show‑cause notice.
  • Whether the order suffers from non‑application of mind and arbitrariness, violating principles of natural justice.

Legislation cited

Subjects

  • blacklisting
  • debarment
  • contractors registration
  • natural justice
  • show‑cause notice
  • administrative law
  • writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8660 of 2025
                 ======================================================
                 M/s Ganpati Infra, a Partnership Firm, (formerly known as V.S. Associates)
                 having its Registered Office at Gola Road More, 2nd Floor, Vivekanand Villa,
                 Ram Jaipal Nagar, Danapur, Patna through its Partner Amarjeet Ravi, Male,
                 aed about 37 years, Son of Sri Vinay Kumar Chaudhary, Resident of
                 Vivekanand Villa, Ram Jaipal Nagar, P.S. Rupaspur, District- Patna.

                                                                                 ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Health, Government of Bihar, Patna.
           2.    The Bihar Medical Services and Infrastructure Corporation Limited, (A
                 Government of Bihar Undertaking) having its Registered office at 2nd and
                 3rd Floor, Swasthya Bhawan, Behind IGIMS, Sheikhpura, Patna through its
                 Managing Director.
           3.    The Managing Director, the Bihar Medical Services and Infrastructure
                 Corporation Limited (A Government of Bihar Undertaking) having its
                 Registered Office at 2nd and 3rd Floor, Swasthya Bhawan, Behind IGIMS,
                 Sheikhpura, Patna.
           4.    The Chief General Manager, the Bihar Medical Services and Infrastructure
                 Corporation Limited (A Government of Bihar Undertaking) having its
                 Registered Office at 2nd and 3rd Floor, Swasthya Bhawan, Behind IGIMS,
                 Sheikhpura, Patna.
           5.    The Deputy General Manager (Design), the Bihar Medical Services and
                 Infrastructure Corporation Limited (A Government of Bihar Undertaking)
                 having its Registered Office at 2nd and 3rd Floor, Swasthya Bhawan,
                 Behind IGIMS, Sheikhpura, Patna.
           6.    The Deputy General Manager (Project), Bihar Medical Services and
                 Infrastructure Corporation Limited (A Government of Bihar Undertaking),
                 Regional Office, Bhagalpur, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Prabhat Ranjan, Advocate
                 For the Respondent/s   :      Mr. Lalit Kishore, Sr. Advocate
                                               Mr. Vikash Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   08-05-2026                  Heard learned counsel for the parties.
Patna High Court CWJC No.8660 of 2025(3) dt.08-05-2026
                                            2/4




                      2. Following is the relief sought for in the present writ

          application:-

                                               “(I) Quashing of the Order contained in
                                  Letter No. 844 dated 28.04.2025 (Annexure P/25)
                                  passed by the Chief General Manager (Project)
                                  upon approval by the Managing Director of the
                                  Corporation to the extent that the petitioner has
                                  been blacklisted for a period of two years in terms
                                  of Clause 11 (Ka) (ii) of the Bihar Contractors
                                  Registration Rule, 2007; and
                                               (II) Restraining the Respondents from
                                  giving effect to the Letter No. 844 dated 28.04.2025
                                  during the pendency of the present writ application
                                  and/or without the leave of this Hon’ble Court.”


                      3. A limited prayer has been made challenging the

          impugned order, whereby the petitioner has been blacklisted for

          a period of two years on the allegation of the violation of Clause

          11 (Ka) (ii) of the Bihar Contractors Registration Rules, 2007.

                      4. Learned counsel for the petitioner submits that

          certain facts are relevant for adjudication of the present case. It

          is submitted that prior to the impugned order of blacklisting, the

          petitioner had already been debarred vide Letter No. 252 dated

          12.03.2024. The said order of debarment was challenged before

          this Court in C.W.J.C. No. 8269 of 2024 and the same was set

          aside vide Order dated 25.03.2025.

                      5. It is further submitted that thereafter, a fresh show-
Patna High Court CWJC No.8660 of 2025(3) dt.08-05-2026
                                            3/4




          cause was issued vide Letter No. 458 dated 15.04.2025

          proposing blacklisting of the petitioner. One of the grounds

          taken therein was the earlier blacklisting of the petitioner vide

          Letter No. 252 dated 12.03.2024, despite the fact that the said

          order had already been set aside by a Coordinate Bench of this

          Court.

                      6. Learned counsel further submits that pursuant to

          the aforesaid show-cause notice, the petitioner submitted a

          detailed reply dated 21.04.2025 which was duly received by the

          authorities on the same date. However, while passing the

          impugned order contained in Letter No. 844 dated 28.04.2025,

          the authorities proceeded on the premise that no reply had been

          submitted by the petitioner to the show-cause notice. Prima

          facie, the said finding appears to be factually incorrect.

                      7. It is submitted that in the reply dated 21.04.2025

          (Annexure-P/24), the petitioner had specifically brought certain

          relevant facts to the notice of the authority concerned and had

          also sought certain documents from the respondents. However,

          without considering the same, the impugned order has been

          passed which, in the opinion of this Court, suffers from non-

          application of mind and arbitrariness.

                      8. Considering the aforesaid facts and circumstances,
           Patna High Court CWJC No.8660 of 2025(3) dt.08-05-2026
                                                       4/4




                     the impugned order is hereby set aside. The matter is remitted

                     back to the authority concerned, who shall issue a fresh show-

                     cause and, after granting adequate opportunity of personal

                     hearing to the petitioner, pass a reasoned and speaking order in

                     accordance with law.

                                 9. With the aforesaid observations and direction, the

                     present writ application stands allowed.

                                 10. Pending application(s), if any, shall also stand

                     disposed of.



                                                 (Sudhir Singh, J)


                                               (Shailendra Singh, J)
Sachin/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.