Dharmendra Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.510 of 2026

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Dharmendra Kumar Son of Late Jairam Sharma, Resident of Village Khudauri, P.S. Hulasganj, District- Jehanabad, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Minor Irrigation Department, Government of Bihar, Patna, Patna.

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The Engineer-In-Chief, Minor Irrigation Department, Government of Bihar, Patna, Patna.

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The Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna.

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The Chief Engineer (Planning and Monitoring and Geology), Minor Irrigation Department, Government of Bihar, Patna.

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The Superintending Engineer (Headquarters) Monitoring, Minor Irrigation Department, Government of Bihar, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Prabhat Ranjan, Advocate For the Respondent/s : Mr. P.K. Shahi, Advocate General

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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2 02-02-2026 The present writ application has been filed for the

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following reliefs:

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(i) Quashing of the Order No. 67 as contained in Letter No. 1276 dated 10.12.2025 (Annexure P/9) by which the Chief Engineer (Respondent No. 5) without considering the Reply/

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Patna High Court CWJC No.510 of 2026(2) dt.02-02-2026

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Objection filed by the petitioner and traveling beyond the relied upon provisions in the Show Cause Notice has blacklisted the Registration of the petitioner for a period of 10-years in terms of Clause 11 of the Bihar Contractors Registration Rules, 2007 read with Order No. 154 dated 18.06.2015 issued by the Road Construction Department;

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(ii) Declaration to the effect that no rights and liabilities could accrue out of Order No. 154 dated 18.06.2015 as the same cannot be treated as the decision/order of the State Government for the reason that the same has not been issued in the name of Governor of Bihar nor has been authenticated as per the Rules of authentication of Government Orders and has further not been published in the Gazette of the State; and

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(iii) Restraining the Respondents from giving effect to the Office Order No. 67 dated 10.12.2025 during the pendency of the present writ application and/or the without the leave of this Hon’ble Court.

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The petitioner has challenged Letter No. 1276 dated 10.12.2025, which has been annexed as Annexure-P/9 to the writ application. The relevant extract of which is reproduced hereunder:-

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“ अतःउपरोकतपररप्रेक् मेवरररत् ोजनाओंकी रनरवदामेफजीरअनुभवप्रमारपत्रसंलगनकरनेकेकारर संवेदकश्रीधमरनद्रकुमार , ग्रामखुदौरी , पो०थाना - हुलासगंज ,

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Patna High Court CWJC No.510 of 2026(2) dt.02-02-2026 3/4

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रजला - जहानाबाद , रपनकोड 804407 ( रनबंधनसं० - ल०ज०सं०रव० - 01/2019 श्रेरी -1) कोरबहारठीकेदारीरनबंधनरन्मावली , 2007 केरन्म -11 ( क ) कीउपकंरडका (vii) एवंपथरनमा रवभाग , रबहार , पटनाकेआदेशसं 0-154 रदनांक -18.06.2015 कीकंरडका - 08 केउपकंरडका - 04 केतहतअगले 10 वरोरंकेरल्े कालीकृत रक्ाजाताहै। ”

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Learned counsel for the State submits that the petitioner has an alternate remedy available before the competent authority under Rule 11(?k) of the Bihar Contractor Registration Rules, 2007, which is extracted hereinbelow:-

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11 ¼?k½ fn;s x;s n.M ds fo:)] laosnd }kjk] rhl fnuksa ds vUnj vk;qDr ,oa lfpo ds le{k vihy nk;j fd;k tk ldsxkA

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Considering the fact that an efficacious alternative

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remedy is available to the petitioner, this Court is not inclined to entertain the present writ application on merits.

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Accordingly, the present writ application is disposed of with liberty to the petitioner to prefer an appeal in accordance with Rule 11(?k) of the Bihar Contractor Registration Rules, 2007, within a period of 30 days from today.

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