Patna High Court
Shri Durga Printing Works vs The State Of Bihar on 31 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18319 of 2022
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Shri Durga Printing Works C- 201, Rajkishori Complex, Mulchand Path,
Patna- 800020 through its proprietor Shri Pradeep Kumar, aged about 57
years, (Male), Son of Ram Gopal. ... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Youth Art and Culture Department,
Government of Bihar, Patna.
2. The Secretary, Youth Art and Culture Department, Government of Bihar,
Patna.
3. The Deputy Secretary, Youth Art and Culture Department, Government of
Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vikas Kumar, Advocate
For the Respondent/s : Mr. Anant Prasad Singh, SC 15
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 31-01-2023
Petitioner has prayed for the following relief(s):-
"a. For quashing of office order contained in Memo No.
452 dated 02.06.2021 whereby and where under
petitioner has been blacklisted for indefinite period and
restrain order was passed from making payment against
supply of Annual Report, Budget Bhasan, Pen, Jute Bag
with Printing and Notesheet Pad to the Youth Art and
Culture Department, Government of Bihar, Patna.
b. For direction to the respondent authorities to make
payment of Rs. 3,31,580/- against supply made for
aforesaid material to the Youth Art and Culture
Department, Government of Bihar, Patna.
c. For any other relief/reliefs to which the petitioner may
be found entitled to."
Patna High Court CWJC No.18319 of 2022 dt.31-01-2023
In view of the law laid down by a coordinate Bench of
this Court on 1st of December, 2022 in C.W.J.C. No. 21293 of
2021, titled as M/s Ekta Enterprises through its Proprietor Om
Prakash Narayan Vs. State of Bihar & Ors., we are inclined to
quash the impugned order dated 02.6.2021 passed by Respondent
No. 3, namely, The Deputy Secretary, Youth Art and Culture
Department, Government of Bihar, Patna (Annexure-1) for the
reason that there is no specified period for debarment stipulated in
the order.
As such, we quash and set aside the impugned order
dated 02.6.2021 passed by Respondent No. 3, namely, The
Deputy Secretary, Youth Art and Culture Department,
Government of Bihar, Patna (Annexure-1) reserving liberty to the
respondents to pass a fresh order in accordance with law.
Petitioner shall make himself available in the office of
Respondent No. 3, namely, The Deputy Secretary, Youth Art and
Culture Department, Government of Bihar, Patna on 15th of
February, 2023 at 10:30 A.M. on which date he shall place entire
material in support of his contention. The said officer shall
consider the same and pass a reasoned and speaking order in
accordance with law within a period of two months thereafter.
The order assigning reasons shall be communicated to
the petitioner.
Needless to add, while considering the case of the
petitioner, principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
We are hopeful that as and when petitioner takes
Patna High Court CWJC No.18319 of 2022 dt.31-01-2023
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
Also, liberty reserved to the petitioner to approach the
Court, should the need so arise subsequently on the same and
subsequent cause of action.
The instant petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, shall stand disposed
of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Prakash/Sujit
AFR/NAFR
CAV DATE
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