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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.