Patna High Court
M/S S.K. Enterprises vs The State Of Bihar on 24 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25511 of 2019
======================================================
M/s S.K. Enterprises through its Partner Smt. Snehlata, aged about 47 years
(F), Wife of Sri Sanjay Kumar, Resident of Mohalla- Mithapur (Bigrahpur),
New Bas Stand, Shubham Kunj, P.O.- Patna G.P.O., P.S.- Jakanpur, District-
Patna, State- Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Rural Works Department,
Vishweshwaraiya Bhawan, Bailey Road, Patna-15.
2. The Secretary, Rural Works Department, Vishweshwaraiya Bhawan, Bailey
Road, Patna-15.
3. The Engineer-in-Chief, Rural Works Department, Vishweshwaraiya
Bhawan, Bailey Road, Patna-15.
4. The Chief Engineer-1, Rural Works Department, Vishweshwaraiya Bhawan,
Bailey Road, Patna-15.
5. The Superintending Engineer, Rural Works Department, Works Circle,
Gaya.
6. The Executive Engineer, Rural Works Department, Works Division,
Nawada, District- Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Narayan, Sr. Advocate
Mr. Manish Sahay, Advocate
Mr. Anil Kr. Sinha, Advocate
Ms. Sanjana, Advocate
For the Respondent/s : Mr. Dhirendra Kumar, AC to AAG-6
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 24-03-2023
Heard learned counsels for the parties.
2. In the instant petition, petitioner has prayed for
following reliefs:-
"1. That this writ application is
being filed issuance of a writ or writs in the
Patna High Court CWJC No.25511 of 2019 dt.24-03-2023
nature of "Certiorai" or any other
appropriate writ/writs, order/ orders,
direction/ directions, following
RELIEF(S):-
(I) For quashing of blacklisting
order, issued vide office order and Memo
No.14/v0ç0-3-63/14 10121 dated
18.08.2015 under signature of Engineer-In-
Chief (ie the Respondent No. 3) as
contained in Annexure-P-11, whereby and
where under the petitioner has been
blacklisted for indefinite period in most
arbitrary and very confidential manner as
well as violating the interim order passed by
Bihar Public Works Contracts Disputes
Arbitration Tribunal, Patna in Reference
Case No. 141 of 2013.
(II) For declaration that the
action of the Engineer-In- Chief was totally
arbitrariness, malicious, illegal, colorable
exercise of power as well as contemptuous.
(III) For passing such an order
or orders as your lordships may please to
deem fit and proper in the facts and
circumstances of this case."
3. Though the writ petition is belated by four years.
However, it is continuing cause of action for the petitioner for
the reasons that for indefinite period he has been blacklisted.
Blacklisting of a contractor for indefinite period has been
deprecated by the Apex Court in the case of M/s Chauhan
Builders Raibareli vs. State of Uttar Pradesh & Ors. in SLP
(C) No. 32840 of 2018.
4. In the light of these facts and circumstances and
Patna High Court CWJC No.25511 of 2019 dt.24-03-2023
the fact that blacklisting order was issued behind the back of the
petitioner, in other words, he has not been provided opportunity
of show cause and other formalities, the petitioner has made out
a prima facie case so as to interfere with the blacklisting order
dated 18.08.2015. Accordingly, it is set aside reserving liberty to
Respondent No. 3- Engineer-in-Chief to pass afresh order while
taking note of Apex Court's decision and the fact that petitioner
has already suffered blacklisting order for eight years. In this
regard, show cause notice shall be issued to the petitioner and
on receipt of petitioner's reply, 3rd Respondent is hereby directed
to pass a detailed order and communicate the same within a
period of two months from the date of receipt of petitioner's
reply to the show cause notice.
6. Accordingly, the present petition stands allowed.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
rakhi/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 28.03.2023
Transmission Date N.A.
