Patna High Court
Akash Kumar Singh @ Chhotu vs The State Of Bihar on 5 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6744 of 2023
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Akash Kumar Singh @ Chhotu S/o - Shri Bhuneshwar Singh Resident of
Mohalla- New Housing Colony, Chandawa, P.S.- Ara Nagar, District-
Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Road Construction
Department, Government of Bihar, Patna.
2. The District Officer, Bhojpur, Ara.
3. Municipal Commissioner, Ara Nagar Nigam, Ara.
4. The Executive Officer, Nagar Nigam, Ara.
5. The Exective Officer, Ara Nagar Nigam, Planning Branch.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Respondent/s 9, 4 and 5 : Mr. Bishwa Bibhuti Kumar Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-05-2023
Heard learned counsel for the respective parties.
2. In the instant petition, petitioner has prayed for the
following reliefs:-
"(i) For issuance of writ in
the nature of certiorari to set aside
order vide memo NP. 1011/2022 dated
28.10.2022 through which the
registration of the petitioner has been
debarred with immediate effect from
taking any other tender during the
completion of the project in question in
connection with Ara Municipal
Corporation (Nagar Nigam) project
NIT No. 12/2019-20, group No. 87 for
Patna High Court CWJC No.6744 of 2023 dt.05-05-2023
the construction work of the P.C.C
Path and drains in Ward No.45 of
Nagar Nigam, Ara and also, to release
the payment of the work of done by the
petitioner.
(ii) For issuance of writ in
the nature of mandamus directing the
respondents to take into consideration
of the petitioner difficulties and
grievance and to take necessary steps
for removal of illegal encroachment by
local peoples of Ara Municipal
Corporation (Nagar Nigam) ward
No.45 due to which the petitioner was
facing difficulties in completing the
aforesaid ongoing project within
prescribed time period.
(iii) For issuance of
appropriate direction to the petitioner's
representations through which he
addressed the respondents concerning
the difficulties and grievance faced by
him in the aforesaid project and as per
the principle of natural justice, to give
him a fair opportunity to hear as the
strict action has been taken against the
petitioner even without taking
consideration of difficulties faced by
the petitioner on the work authorities
to make sure that the encroachment
free work place will be provided to
him.
(iv) For grant of any other
incidental or consequential relief to
which the petitioner may be found
entitled to considering the facts and
circumstances of the present case."
3. The petitioner has been debarred. Order of debarment
dated 28.10.2022 reads as under:-
Patna High Court CWJC No.6744 of 2023 dt.05-05-2023
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4. It is reliably learnt that notice for debarment was
issued to the petitioner on 18.03.2022. Further, neither of the
parties were aware as to whether the petitioner has submitted his
reply to the notice dated 18.03.2022 or not? That apart, debarment
order dated 28.10.2022 does not disclose about the issuance of
show cause notice, whether petitioner had filed his reply or not, in
other words, Annexure-8, the debarment order dated 28.10.2022 is
bereft of material and reasons. Accordingly the petitioner has
made out a case. Hence, debarment order dated 28.10.2022
(Annexure-8) stands set aside. In the result, the present writ
petition stands allowed reserving liberty to the concerned
respondent to proceed in accordance with law. The concerned
Patna High Court CWJC No.6744 of 2023 dt.05-05-2023
respondent is hereby directed to take note of Hon'ble Apex Court
decision in the case of UMC Technologies Pvt. Ltd. vs. Food
Corporation of India and Anr. reported in (2021) 2 SCC 551
read with Isolators and Isolators through its Proprietor Mrs.
Sandhya Mishra vs. Madhya Pradesh Madhya Kshetra Vidyut
Vitran Co. Ltd. & Anr. reported in 2023 Live Law (SC) 330.
Further action shall been taken within a period of four months
from the date of receipt of this order.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
