Patna High Court
Amit Kumar Shahi vs The State Of Bihar on 6 November, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10895 of 2023
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Amit Kumar Shahi S/o Abhay Kumar Shahi, Resident of Village- Gannipur,
Ward No. 29, Bina Bhawan Thakur, Nageshwar Lane, Nort of ITI, Saria,
Sadullapur, District- Muzaffarpur, through its proprietor, Amit Kumar shahi,
S/o- Abhay Kumar Shahi, having its registered office Village and Post-
Prataptand, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Chief General Manager, Bihar State Building Construction Corporation
Limited, Government of Bihar undertaking, Patna.
3. The Secretary, Buliding Construction, Government of Bihar, Patna.
4. Engineer-in-Chief-cum-Commissioner-Special Secretary, Building
Construction, Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sourav Suman, Advocate
For the Respondent/s : Mr. Manoj Kr. Ambastha (SC 26)
: Mr, Santosh Kumar Mishra, AC to SC- 26
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 06-11-2023
In the instant petition, petitioner has prayed for the
following reliefs:-
"(i) That the present writ
application is being filed for issuance
of an appropriate writ order/
direction(s) in the nature of
Certiorari for quashing and setting
aside the Order of Suspension from
participating in future tenders for
next three years vide Letter No. 1983
dated 17.03.2021 (contained in
Annexure-P//) on the ground of same
being blatantly illegal, without
Patna High Court CWJC No.10895 of 2023 dt.06-11-2023
jurisdiction, mala fide & violative of
Bihar Contractors Registration Rules,
2007 and in complete contravention
of principles of natural justice;
(ii) And further for
quashing and setting aside the letter
bearing memo no. 705 (h) dated
31.1.22 whereunder the respondent
no. 4 has upheld the earlier bearing
memo no, 1983 dated 18.3.21 by not
considering the explanation of the
petitioner and also for quashing the
letter bearing memo no. 5851 (M)
dated 18.8.2022 issued by
Respondent no. 2 by which order the
respondent no. 2 i.e., Secretary
Building Construction Department
has dismissed the appeal filed by the
petitioner in most mechanical way
without application of mind.
(iii) That the present writ
application is being filed for issuance
of an appropriate writ order/
direction(s) in the nature of
mandamus for a direction to the
concerned Respondents to revoke the
Order of Suspension of the petitioner
and to enable to him to participate in
future/ upcoming tenders.;
(iv). That the present writ
application is being filed for issuance
of an appropriate writ order/
direction(s) in the nature of
Mandamus for a mandatory
injunction commanding the
concerned respondents to forthwith
withdraw, rescind and/or cancel the
Order of suspension from
participating in tender for 3 (three)
years and to allow him to participate
Patna High Court CWJC No.10895 of 2023 dt.06-11-2023
in other/ different tender(s) issued by
the concerned respondents;
(v). And for issuance of any
other relief or relief(s) for which the
petitioner is entitled for."
2. The petitioner was awarded certain works. In the
process of tender, petitioner is stated to have furnished experience
certificate issued by the Bihar State Educational Infrastructure
Development Corporation Limited (for short 'Corporation'). The
experience certificate dated 17.09.2019 issued by the Corporation
is stated to have been tampered by the petitioner in order to
impress the authority insofar as award of contract.
3. The respondents submitted that having regard to the
tampered experience certificate furnished by the petitioner, the
registration of the petitioner has been suspended for a period of
three years on 17.03.2021. On 10.09.2020, the contract was stated
to have been canceled. Petitioner feeling aggrieved by the
blacklisting order dated 17.03.2021 preferred appeal before the
appellate authority. The appellate authority remanded the matter to
the concerned authority who has blacklisted the petitioner for a
period of three years. On remand blacklisting authority confirmed
the earlier blacklisting order dated 17.03.2021 on 30.01.2022.
Thereafter, once again petitioner preferred appeal before the
Patna High Court CWJC No.10895 of 2023 dt.06-11-2023
appellate authority and appellate authority confirmed the
blacklisting order dated 31.01.2022 on 18.08.2022.
4. Having regard to the conduct of the petitioner, there is
no infirmity in the blacklisting order for a period of three years.
Petitioner has not apprised or disputed the experience certificate
produced by him and it was tampered in respect of brick work,
electrical work and PHED work as is evident from records.
5. In the absence of any question of law or procedural
lapses, this Court cannot interfere insofar as blacklisting the
petitioner for a period of three years. That apart, blacklisting order
dated 17.03.2021 and it has been confirmed in the year 2022 are
taken into consideration the petitioner has almost completed
blacklisting period as on this day. Therefore, no interference is
called for, hence, this writ petition stands dismissed.
(P. B. Bajanthri, J)
(Ramesh Chand Malviya, J)
Vikash/-
AFR/NAFR NAFR
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