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Patna High Court

Shalini SrivastavaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to set aside the office order and instead directed the respondent to consider the petitioner's representation and pass a reasoned order, thereby disposing of the writ application.

Summary

The petitioner, Shalini Srivastava, filed a writ petition seeking to set aside an office order that rescinded her agreement with the Public Health Engineering Department and imposed a five‑year blacklist, as well as directions to modify an electricity bill, payment of Rs.33 lakh from a larger operation‑and‑maintenance amount, and any other reliefs. The petition also included representations made to the Executive Engineer of the Public Health Division for redress of grievances concerning the electricity bill. The High Court examined the records but did not delve into the merits of the substantive claims, instead directing the respondent (Executive Engineer, Public Health Division) to consider the representation and issue a reasoned order after hearing the stakeholders within three weeks. The Court ordered that the writ application stand disposed of, effectively rejecting the petitioner's request for immediate relief. No specific statutory provisions or precedents were cited in the order.

Issues considered

  • Whether the office order rescinding the agreement and imposing a blacklist can be set aside.
  • Whether the respondent should be directed to modify and adjust the electricity bill as per the petitioner's representation.
  • Whether the petitioner is entitled to payment of Rs.33,00,000 from the operation and maintenance amount.
  • Whether any other reliefs are warranted under the facts and law.

Subjects

  • writ jurisdiction
  • office order
  • blacklisting
  • electricity bill
  • payment of dues
  • representation
  • reasoned order
  • disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.997 of 2026
                 ======================================================
                 Shalini Srivastava Wife of Thakur Manoj Kumar, Resident of Mohalla-
                 Shastri Nagar, P.S. Siwan Town, District Siwan, Proprietor M/S Akriti
                 Construction, 162-B, Devki Kunj Apartment, Patliputra, Patna.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Engineer-in-Chief-cum-Special Secretary of
                 the Public Health Engineering Department (PHED), Govt. of Bihar, Patna.
           2.    The Chief Engineer, Muzaffarpur Zone, Public Health Engineering
                 Department (PHED), Muzaffarpur Zone, Patna.
           3.    The Collector, East Champaran, Motihari.
           4.    The Superintending Engineer, Public Health Engineering Circle, Motihari.
           5.    The Collector, West Champaran, Bettiah.
           6.    The Executive Engineer, Public Health Division, Bettiah.
           7.    The Executive Engineer, Electricity Department, West Champaran, Bettiah.
           8.    The Sub Divisional Officer, Electricity Department, West Champaran,
                 Bettiah.
           9.    The Junior Engineer, Electricity Department, West Champaran, Bettiah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Rakesh Kumar Shrivastava, Advocate
                 For the State          :     Mr. Vikash Kumar, SC-11
                 For Respondent No.7 to9:     Mr. Sanjeev Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   29-01-2026                  The following reliefs have been sought in the present

                   writ application:-

                                            (i) For setting aside the office order
                                  no. 571 issued vide memo no. 4203 dated
                                  24.12.2025 passed by the Executive Engineer,
                                  Public Health Division, Bettiah whereby an
                                  agreement no. SBD-14/16-17 with respect to the
Patna High Court CWJC No.997 of 2026(2) dt.29-01-2026
                                             2/3




                         petitioner has been rescind and further directed
                         to blacklist the petitioner for five years.
                                      (ii)    For       further   direction   upon
                         specially respondent no. 6 to take action on
                         representation dated 04.12.2024, 29.03.2025
                         and 19.12.2025 whereby request has been made
                         for taking action with respect to modifying
                         electricity bill and adjusting the electricity bill
                         amount after modifying the said bill from my
                         remaining bill amount of the petitioner.
                                      (iii) For payment of amount of Rs.
                         33,00,000/- (Thirty Lakhs Only) out of total
                         operation       and       maintenance       amount    Rs.
                         61,35,613/-         (Sixty-One      Lakh    Thirty   Five
                         Thousand Six Hundred Thirteen Only).
                                      (iv) For grant of any other relief or
                         reliefs for which the petitioner is entitled for
                         grant of any reliefs on the basis of fact as well
                         as law both.


                      2. From a perusal of the record, it appears that, vide

          Annexure-P/6 (series), petitioner has submitted a representation

          before respondent No. 6 for redressal of his grievance. Without

          going into the merits of the case, respondent No. 6 is directed to

          consider the same and pass a reasoned order, in accordance with

          law, after affording due opportunity of hearing to all

          stakeholder, preferably within a period of three weeks from the
            Patna High Court CWJC No.997 of 2026(2) dt.29-01-2026
                                                        3/3




                      date of receipt or production of a copy of this order.

                                  3. With the aforesaid observation, the present writ

                      application stands disposed of .

                                  4. Pending application(s), if any, shall stand disposed

                      of.



                                                  (Sudhir Singh, J)


                                                  (Ritesh Kumar, J)
Anushka/-

U


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