IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18998 of 2025 ====================================================== Nand Kishore son of Sri Nagendra Sharma, resident of Mohalla Birla Colony (C/26), P.S. Phulwari Sharif, District Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Minor Irrigation Department, Government of Bihar, Patna. 2. The Engineer in Chief, Minor Irrigation Department, Government of Bihar, Patna. 3. The Chief Engineer (Planning and Monitoring and Geology) cum Registering Authority, Minor Irrigation Department, Government of Bihar, Patna. 4. The Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna. 5. The Superintending Engineer, Minor Irrigation Circle, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Ranjan, Advocate Mr. Shubham Prakash, Advocate For the Respondent/s : Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 2 28-01-2026 The present writ application has been filed for the following reliefs: (i) Quashing of the Office Order No. 45 as contained in Letter NO. 1028 dated 13.10.2025 Patna High Court CWJC No.18998 of 2025(2) dt.28-01-2026 2/4 by which, the Respondent No. 3 without considering the reply filed by the petitioner and going beyond the grounds and allegations in the Show Cause Notice has proceeded to blacklist the petitioner for a period of 10 years in terms of Clause 11 (d) (vii) of the Bihar Contractors Registration Rules, 2007 read with Sub Clause (iv) of Clause 8 of Order No. 154 dated 18.6.2015 issued by the Road Construction Department, Government of Bihar. (ii) Declaration to the effect that the Order No. 154 dated 18.06.2015 as issued by the Road Construction Department, Government of Bihar, Patna is legally unenforceable and could not lead to any civil consequence in view of the fact that the same has not been issued and authenticated in terms of the Rules of Executive business, Government of Bihar read with Article 166 of the Constitution of India and further more has not been published in the Gazette of Bihar; and (iii) Restraining the Respondents from giving effect to the Office Order No. 45 as contained in Letter No. 1028 dated 13.10.2025 during the pendency of the present writ application and/or the without the leave of this Hon’ble Court. 2. The petitioner has challenged Letter No. 1028 dated 13.10.2025, which has been annexed as Annexure-P/17 to the writ application. The relevant extract of which is reproduced hereunder:- Patna High Court CWJC No.18998 of 2025(2) dt.28-01-2026 3/4 “vr% mijksDr ifjizs{; esa of.kZr ;kstukvksa dh fufonk esa QthZ vuqHko izek.k i= layXu djus ds dkj.k laosnd Jh uUn fd”kksj dks dkyhd`r djus gsrq izkIr izLrko ds vkyksd esa fcgkj Bhdsnkjh fuca/ku fu;ekoyh] 2007 ds fu;e 11 ¼d½ dh mi dafMdk (vii) ,oa iFk fuekZ.k foHkkx] fcgkj] iVuk ds vkns”k la[;k&154 fnukad&18-06-2015 dh dafMdk 08 ds mi dafMdk 04 ds rgr vxys 10 o’kksZa ds fy;s dkyhd`r fd;k tkrk gSA ” 3. 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:- 11¼?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 ” 4. Considering the fact that an efficacious alternative remedy is available to the petitioner, this Court is not inclined to entertain the present writ application on merits. 5. 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. 6. The petitioner shall be at liberty to raise all questions of fact as well as questions of law before the Patna High Court CWJC No.18998 of 2025(2) dt.28-01-2026 4/4 Appellate Authority. 7. In the event an appeal is filed, the authority concerned shall consider and decide the same preferably within a period of eight weeks from the date of its filing. 8. Pending application(s), if any, shall stand disposed of. Anushka/- (Sudhir Singh, J) (Ritesh Kumar, J) U