Petitioner challenged his blacklisting from public contracts. Court held that since the petitioner appealed to the appellate authority, the writ petition was not to be decided on merits pending that appeal.
The appellate authority directed to decide the petitioner's appeal within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10569 of 2023
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Pravin Kumar Singh S/o Ram Chandra Singh, resident of village - Relanarayan, Post - Ebrahimpur, Berua, P.S. - Gayghat, District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Respondent/s : Mr. Raghwanand (GA 11) Mr. Prabhat Kumar, AC to GA 11
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 07-10-2023
Heard learned learned counsel for the respective parties.
following reliefs:-
"(i) For issuance of an appropriate writ in the nature of certiorari for quashing the Memo no. 1120 dated 20.02.2023 by which the petitioner who is a contractor has been blacklisted for 10 years in view of Clause -11 (ka)(vi) of Bihar Contractor Registration Rule, 2007 read with clause -8 (i) (b) of office order No. 154 dated 18.06.2015 holding that the petitioner has not completed the work within the time and not given reply to the show cause, particularly when non of the conditions as
Patna High Court CWJC No.10569 of 2023 dt.07-10-2023 2/4
mentioned in the impugned letter is attracted in the case of petitioner, when the Respondent no.5 on 15.11.2019 on Measurement Book has categorically mentioned the cause of delay that road is damaged due to heavy flood in the year 2019 and the petitioner was directed to do full restoration work and the same was accepted by the petitioner but upon repeated requests, no re-estimate was made by the concerned authorities, moreover, the petitioner was not aware about either show cause notice or the final order, as he was under impression that any day the department will re-estimate for restoration of work;
(ii) For issuance of an appropriate writ in the nature of Mandamus Commanding and directing the respondent to restore the status of the petitioner, as if no adverse order has been passed against him and further a direction may be given for re-estimate the damaged road (L026 Ujwa to Simartoka VR8 (Tender ID-47759)) for full restoration, so that after completion of work the petitioner could get the payment.
(iii) For issuance of any other writ/writs, direction/directions, order/orders for which the writ petitioner shall be found entitled under the facts and circumstances of the case."
already invoked remedy of appeal before the appellate authority insofar as blacklisting order and it is still pending consideration before the appellate authority.
Patna High Court CWJC No.10569 of 2023 dt.07-10-2023 3/4
"11 (e) The contractor can file an appeal within thirty days against the punishment related black-listing /demotion/ suspension before the Commissioner and Secretary/ Secretary of the Department."
Patna High Court CWJC No.10569 of 2023 dt.07-10-2023 4/4
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
Vikash/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A
1 issue framed by the court
Whether the civil writ court can decide on merits when the contractor has already invoked the statutory remedy of appeal before the appellate authority.
Pravin Kumar Singh
State of Bihar
Secretary, Rural Works Department, Govt. of Bihar
Engineer-in-Chief, Rural Works Department, Govt. of Bihar
Chief Engineer, 3 Rural Works Department, Work Circle, Darbhanga
Executive Engineer, Rural Works Department, Work Division, Biraul
P. B. Bajanthri
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
