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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to file an appeal under Rule 11(e) of the Bihar Registration of Contract Rules, 2007, and disposed of the writ petition on that basis.

Summary

The petitioner, Kundan Kumar, filed a writ petition challenging an Office Order dated 03-01-2026 that debarred him from participating in future tenders for allegedly failing to deposit an electricity bill. He sought a writ of certiorari to quash the order and mandamus directing the respondents to pay admitted dues, O&M costs, and security deposits with interest. The court examined whether the debarment was arbitrary and whether the petitioner was entitled to relief under the Bihar Registration of Contract Rules, 2007. It held that the petitioner was entitled to seek a statutory appeal under Rule 11(e) of the said Rules within two weeks. Consequently, the court granted liberty to file the appeal, directed the appellate authority to decide the matter on merits without limitation issues, and disposed of the writ petition.

Issues considered

  • What is the legality of the debarment order issued by the Executive Engineer under the contract provisions?
  • Whether the petitioner is entitled to a writ of certiorari and mandamus to compel payment of dues and interest?
  • Whether the petitioner may be permitted to file an appeal under Rule 11(e) of the Bihar Registration of Contract Rules, 2007?

Legislation cited

  • Bihar Registration of Contract Rules (Rural Works Department), 2007

Subjects

  • writ of certiorari
  • mandamus
  • debarment
  • public procurement
  • contract law
  • administrative law
  • Bihar Registration of Contract Rules

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9386 of 2026
                 ======================================================
                 Kundan Kumar Son of Devendra Singh, R/o Village- Kashahar Tole
                 Kopgadha, Ward No. 10 near Hanuman Mandir, Post- Kushahar, P.S- Taryani,
                 District- Sheohar.

                                                                    ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Public Health
                 Engineering Department, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Public Health Engineering Department, Govt. of
                 Bihar, Patna.
           3.    The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
                 Department, Govt. of Bihar, Patna.
           4.    The Chief Engineer, Public Health Engineering Department, Govt. of Bihar
                 Patna.
           5.    The Zonal Chief Engineer, Public Health Engineering Zone, Muzaffarpur.
           6.    The Superintending Engineer, Public Health Engineering Circle, Darbhanga.
           7.    The Executive Engineer, Public Health, Division, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Siyaram Pandey, Adv.
                 For the Respondent/s     :     Mr.Alok Ranjan, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   09-07-2026                    Heard the learned counsel for the parties.

                               2. The present writ petition has been filed seeking the

                   following reliefs:-

                                    (I)       “Writ     of     Certiorari      for
                                    quashing/setting aside the Office Order
                                    No.04 dated 03-01-2026 as contained in
                                    Memo No. 10 dated-03.01.2026 issued by
                                    the office of the Executive Engineer,
Patna High Court CWJC No.9386 of 2026(2) dt.09-07-2026
                                            2/4




                            Public Health Engineering Division,
                            Darbhanga by which the petitioner is
                            debarred from taking part in any fresh
                            tender     due        to   not    depositing   the
                            electricity bill in the agreement no.SBD-
                            20/2019-20        in       an     arbitrary    and
                            whimsical manner as the authority has
                            not made payment of the admitted dues of
                            the cost of O & M,S D and EMD even
                            after expiry of the period of the
                            agreement so that the petitioner would
                            make payment of electricity bill and
                            instead      of       making       payment     the
                            authorities has debarred the petitioner in
                            wrong manner not sustainable in the eye
                            of law.
                            (ii) And/or be pleased to issue a writ in
                            the nature of writ of mandamus or an
                            appropriate writ/writs, order/orders or
                            direction/directions            commanding     the
                            respondents to make payment of the
                            admitted dues of the work done by the
                            petitioner as well as the cost of O&M,
                            F.D. and E.M.D with statutory as well as
                            penal interest of the agreement no. SBD
                            20/year 2019-20 of Loam Panchayat,
                            Block Darbhanga Sadar in the district of
                            Darbhanga as the time of O&M is also
                            ended till 04-10-2024.
Patna High Court CWJC No.9386 of 2026(2) dt.09-07-2026
                                              3/4




                            (iii) And/or be pleased to direct the
                            authorities to make payment of the
                            amount       of         Security   Deposit   (SD)
                            deducted from MB and Earnest money
                            Deposits (EMD) with statutory as well as
                            penal interest which is required to be
                            paid to the petitioner by the respondents
                            authorities forthwith because the time of
                            O & M period is ended on 04-10-2024
                            and the department is withholding the
                            money in an unauthorized manner and
                            debarred the petitioner in a wrong
                            manner.”
                  3. At the outset, the learned counsel for the petitioner

          seeks liberty on behalf of the petitioner to challenge the order

          dated 03.01.2026 passed by the Executive Engineer, Public

          Health Engineering Division, Darbhanga by filing appropriate

          appeal under Rule 11(e) of the Bihar Registration of Contract

          Rules (Rural Works Department), 2007 before the Secretary

          Public Health Department, Government of Bihar, Patna.

                  4. Liberty so sought is granted.

                  5. It is needless to state that if appropriate appeal is filed

          within a period of two weeks’ from today, the Appellate

          Authority shall consider the same on merits without being

          impeded by the issue of limitation and pass a reasoned and a

          speaking order within a period of three weeks, thereafter.
        Patna High Court CWJC No.9386 of 2026(2) dt.09-07-2026
                                                    4/4




                          6. Accordingly, the present writ petition stands disposed

                  of on the aforesaid terms.



                                         (Mohit Kumar Shah, J)


                                               ( Raj Kumar, J)
Nirmal/AKV
U


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