Masroom Ahmad S. Construction Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4945 of 2026

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Masroom Ahmad S. Construction having its office at Alinagar, P.S. Aurangabad Town, District Aurangabad, Bihar through its Proprietor Mohammad Shane Ali, aged about 27 years, Male, Son of Mohammad Salam Khan, Resident of Ali Nagar Aurangabad, P.S. Aurangabad Town, District Aurangabad, Bihar.

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... ... Petitioner

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Versus

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The State of Bihar through the Additional Chief Secretary, Water Resources Department, Government of Bihar, Patna.

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The Engineer in Chief (Head Quarter), Water Resources Department, Government of Bihar, Patna.

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The Chief Engineer, Flood Control and Drainage, Water Resources Department, Samastipur, District Samastipur, Bihar.

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The Superintending Engineer, Flood Control Circle, Samastipur, District Samastipur, Bihar.

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The Executive Engineer, Flood Control Division, Dalsinghsarai, District Samastipur, Bihar.

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Prabhat Ranjan, Advocate. For the Respondents : Mr. Amish Kumar, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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2 07-04-2026

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Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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Following is the relief sought for in the present writ

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petition:-

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“1(i) Quashing of the Notice to Show Cause as contained in Letter bearing Memo No. 250 dated 14.01.2026 (Annexure P/8) by which the Engineerin-Chief has directed the petitioner to submit a

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Patna High Court CWJC No.4945 of 2026(2) dt.07-04-2026 2/3

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reply within 15-days as to why, the Registration be not blacklisted for period of 10-years for the allegation of having submitted false Securities and Document(s) along with the bid in terms of order bearing Memo No. 201 dated 14.03.2016;

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(ii) Quashing of the consequential Order bearing Memo No. 1206 dated 26.02.2026 (Annexure P/10) by which, the Engineer-in-Chief-cum Registering Authority, without considering the reply filed by the petitioner has proceeded to blacklist the Registration of the petitioner for a period of 10-years in terms of Rule 11 (Ka) (vii) of the Bihar Contractors Registration Rules, 2007 read with Departmental Order No. 201 dated 14.03.2016; and

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(iii) Restraining the Respondents from giving effect to Order bearing Memo No. 1206 dated 26.02.2026 during the pendency of the present writ application and/or the without the leave of this Hon'ble Court.”

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Mr. Amish Kumar, learned counsel for the State submits that an efficacious alternative statutory remedy is available to the petitioner by way of an appeal before respondent no.1.

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Having heard learned counsel for the parties and upon consideration of the materials available on record, this Court is not inclined to interfere in the present writ application at this stage, in view of the availability of an alternative

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Patna High Court CWJC No.4945 of 2026(2) dt.07-04-2026 3/3

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statutory remedy.

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The petitioner shall be at liberty to prefer an appeal before the appropriate authority within a period of 30 days from today.

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In the event such an appeal is filed, the authority concerned shall consider and decide the same on its own merits, after affording due opportunity of hearing to all the stakeholders, and shall endeavour to dispose of the same preferably within a period of eight weeks from the date of filing of such appeal.

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With the aforesaid observation, the present writ application stands disposed of.

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

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(Sudhir Singh, J)

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(Shailendra Singh, J)

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U.K./-BKS U

Masroom Ahmad S. Construction v. The State of Bihar

Case brief

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Masroom Ahmad S. Construction v. The State of Bihar

Case brief

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