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2026 DAILYLAW 3575 (PAT)

Ramadhar Sah v. The State of Bihar

CWJC/227/2026 · 2026-04-09

Shailendra Singh, Sudhir Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.227 of 2026 ====================================================== Ramadhar Sah S/o Ram Sundar Sah, R/o Village-Mohari, P.O.-Kamrauli, P.S. and 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, Motihari, East Champaran. 7. The Executive Engineer, Public Health, Division Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Siyaram Pandey, Advocate For the State : Mr. P.K. Verma, AAG-3 Mr. Saroj Kr. Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 5 09-04-2026 Heard learned counsel for the parties. 2. Following is the relief sought for in the present writ application:- “I. Writ of Certiorari for quashing/setting aside the office order no.451 dated-18.11.2025 as contained in memo no.3716 dated-18.11.2025 issued by the office of the Executive Engineer, Public Health Division, Bettiah by which the petitioner is debarred from taking part in any next tender offered by the Patna High Court CWJC No.227 of 2026(5) dt.09-04-2026 2/3 respondents and be pleased to quash letter no. 3913 dated-02.12.2025 as contained in memo no.3913 dated-02.12.2025 issued by the office of the Executive Engineer, Public Health Division, Bettiah by which the petitioner is warned to be recommended for blacklisted by repudiating the agreement no. SBD-07/2016-17 for not making payment of electricity bill which is due till date in a wrong, arbitrary and whimsical manner as the authority has to make payment of the electric bill because there is no such provision in the agreement itself that the petitioner would make payment of electricity bill. II. And/or be pleased to issue of a writ in the nature of writ of mandamus or an appropriate writ/writs, order/orders direction/directions commanding or the respondents not to disturb the petitioner and allow him to continue his work allotted in an agreement no. SBD-07/2016-17 and allow him to take part in any open tender without any hindrance, III. And/or be pleased to pass such other order/orders which may be deemed fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner was entrusted with maintenance work for the period 2018 to 2023. It is further submitted that no payments were made by the Department towards the said work and, on account thereof, the petitioner could not deposit the electricity bills. 4. Learned counsel for the State submits that an alternative statutory remedy of appeal is available under Rule- Patna High Court CWJC No.227 of 2026(5) dt.09-04-2026 3/3 11(e) of the Bihar Registration of Contractors Rules, 2007 before the Respondent No. 1. 5. Considering the submissions made on behalf of the parties, this Court is not inclined to entertain the present writ application at this stage in view of the availability of an efficacious alternative remedy. 6. The petitioner is directed liberty to prefer an appeal within a period of 30 days from today. 7. In the event, such an appeal is preferred, the authority concerned shall consider the same and pass an appropriate order in accordance with law, after affording due opportunity of hearing to all the stakeholders and taking into account the aforesaid submission advanced by the petitioner. 8. With the aforesaid observation and direction, the present writ application stands disposed of. 9. Pending application(s), if any, shall also stand disposed of. Sachin/- (Sudhir Singh, J.) (Shailendra Singh, J.) U