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Patna High Court

Roshan Ranjan Jha, Proprietor ( Parth Construction) (Registration No.2191444)versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to file an appeal against the black‑listing order within one week and directed the Secretary to decide the appeal on merits within two weeks.

Summary

Roshan Ranjan Jha, proprietor of Parth Construction, challenged an order dated 02‑04‑2026 issued by the Engineer‑in‑Chief, Rural Works Department, which black‑listed him for three years. The petitioner sought liberty from the Patna High Court to file an appeal against the black‑listing before the Secretary of the Rural Works Department. The Court examined whether the petitioner could be permitted to pursue the statutory remedy of appeal within the prescribed time‑frame. It held that the petitioner should be granted liberty to file the appeal within one week of the order. The Court further directed that the appeal be heard on its merits and a reasoned order be passed within two weeks thereafter. Accordingly, the writ petition was disposed of on these terms.

Issues considered

  • What procedural liberty can be granted to a petitioner to appeal an administrative black‑listing order?
  • Whether the High Court can direct a time‑bound consideration of the appeal by the Secretary, Rural Works Department.

Subjects

  • blacklisting
  • administrative order
  • appeal
  • liberty to appeal
  • rural works department
  • writ petition
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9306 of 2026
                 ======================================================
                 Roshan Ranjan Jha, Proprietor ( Parth Construction) (Registration
                 No.2191444) son of Hem Kant Jha, resident of ward no.13, Village-
                 Bijalpura, Lohar, P.S-Arer, Anchal- Benipatti, District- Madhubani.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Rural Works Department,
                 Govt. of Bihar, Patna.
           2.    The Principal Secretary, Public Health Engineering Department, Govt. of
                 Bihar, Patna.
           3.    The Additional Secretary-Cum-Chairman Empowered Standing Committee,
                 Rural Works Department, Bihar, Patna.
           4.    The Engineer-in-Chief-Cum-Special Secretary, Rural Works Department,
                 Govt. of Bihar, Patna.
           5.    The Engineer-in Chief-Cum-Special Secretary, Public Health Engineering
                 Department, Govt. of Bihar, Patna.
           6.    The Chief Engineer, Rural Works Department, Govt. of Bihar, Patna.
           7.    The Chief Engineer, Public Health Engineering Department, Govt. of Bihar,
                 Patna.
           8.    The Superintending Engineer, RWD, Works Circle, Sitamarhi.
           9.    The Executive Engineer, RWD, Works Division, Pupri.
           10. The Assistant Engineer, RWD, Works Sub Division, Pupri.
           11. The Junior Engineer, RWD, Works Sub Division, Pupri.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Siyaram Pandey, Adv.
                 For the Respondent/s   :      Mr. Government Advocate (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   02-07-2026                   At the outset, the learned counsel for the petitioner

                   seeks liberty on behalf of the petitioner to challenge the order

                   dated 02.04.2026, passed by the Engineer-in-Chief, Rural Works
            Patna High Court CWJC No.9306 of 2026(2) dt.02-07-2026
                                                        2/2




                      Department, Government of Bihar, Patna by which the

                      petitioner has been blacklisted for three years, by filing

                      appropriate      appeal      before     the    Secretary   Rural   Works

                      Department, Government of Bihar, Patna. Liberty so sought is

                      granted.

                                  2.    It is needless to state that in case appropriate

                      appeal is filed before the Secretary, Rural Works Department,

                      Government of Bihar, Patna, within a period of one week from

                      today, the same shall be considered on merits in accordance with

                      law and a reasoned and speaking order shall be passed thereon,

                      within a period of two weeks, thereafter.

                                  3.     The writ petition stands disposed of on the

                      aforesaid terms.


                                             (Mohit Kumar Shah, J)


                                                    (Raj Kumar, J)

kanchan/-

U


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