Praveen Kumar vs The State Of Bihar
2021 Latest Caselaw 5256 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.10427 of 2020
     ======================================================

Praveen Kumar Son of Mahesh Thakur Resident of Watd No. 31, near Dr. C.L. Jha Agarwa, P.S. Motihari Sadar, District East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supplies, Govt. of Bihar, Patna.

2. The Principal Secretary, Food and Civil Supplies, Govt. of Bihar, Patna.

3. The Bihar State Food and Civil Supplies Corporation Ltd., Bihar, Patna.

4. The District Manager, State Food Corporation, Muzaffarpur.

5. The District Transport Committee, Muzaffarpur through its Chairman.

6. The Collector cum Chairman, District Transport Committee, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rajan, Advocate For the Respondent/s : Mr.U.P. Singh, AC to S.C. 4 For B.S.F.C. Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 16-11-2021

Petitioner has prayed for the following

relief(s):

"For grant of an appropriate writ for quashing the resolution of the District Transport Committee, Muzaffarpur taken in its meeting held on 01.10.2019 issued under letter no. 1445 dated 19.10.2019 in Patna High Court CWJC No.10427 of 2020 dt.16-11-2021

so far as the confiscation of the advance amount of the petitioner and for black listing the petitioner is concerned and for direction to the respondents to refused the advance deposited by the petitioner."

It is not in dispute that prior to the passing of

the impugned order dated 19.10.2019 (Annexure-2), with

reference to the petitioner Praveen Kumar, no notice was

ever issued, nor was the petitioner ever made aware of the

factum of initiation of proceedings, black-listing the

petitioner, prohibiting him to participate in the bidding

process for future tenders.

The order entails civil consequences. As

such, on this short ground alone, the impugned order

dated 19.10.2019, insofar as it relates to the petitioner

Praveen Kumar, is quashed and set aside, reserving liberty

to the authorities to take appropriate action, if so required

and desired, in accordance with law. The appropriate

authority shall positively take appropriate action in

accordance with law within a period of three months,

including release of the earnest money deposited by the

petitioner, if the proceedings for black-listing are not

initiated.

Patna High Court CWJC No.10427 of 2020 dt.16-11-2021

Petition is disposed of in the aforesaid terms.

Interlocutory application, if any, shall also

stand disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/DKS/-

AFR/NAFR
CAV DATE
Uploading Date          18.11.2021
Transmission Date