M/S Rathod Solutions vs The State Of Bihar
2025 Latest Caselaw 142 Patna

Patna High Court

M/S Rathod Solutions vs The State Of Bihar on 7 May, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3839 of 2025
     ======================================================
1.    M/s Rathod Solutions having its registered office at Srinagar Colony, Road
      No.- 8, Ashiyana Nagar, Patna- 800025, represented through its Proprietor
      namely Manjay Kumar, (male), aged about 43 years, Son of Shiv Prasad
      Singh, resident of 203/B, Samridhi Elegance, Choubey Bagan, Anantpur,
      Doranda, P.O.- Doranda, P.S.- Chutiya, District- Ranchi, State- Jharkhand,
      presently residing at Srinagar Colony, Road No.- 8, Ashiyana Nagar, Patna-
      800025.
2.   Manjay Kumar, Son of Shiv Prasad Singh Proprietor of M/s Rathod
     Solutions, resident of 203/B, Samridhi Elegance, Choubey Bagan, Anantpur,
     Doranda, P.O.- Doranda, P.S.- Chutiya, District- Ranchi, State- Jharkhand,
     presently residing at Srinagar Colony, Road No.- 8, Ashiyana Nagar, Patna-
     800025.

                                                       ... ... Petitioner/s
                                 Versus
1.   The State of Bihar through Principal Secretary, Home Department,
     Government of Bihar, Patna.
2.   The Principal Secretary, Home Department, Government of Bihar, Patna.
3.   The Commissioner, Patna Division, Patna.
4.   The Regional Development Officer-cum-Nodal Officer, Patna Division,
     Patna.
5.   The Secretary to the Commissioner, Patna Division, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Ashish Giri, Sr. Advocate
                                  Mr. Sumit Kumar Jha, Advocate
     For the Respondent/s   :     Mr. Vikash Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 07-05-2025

Heard Mr. Ashish Giri, the learned Senior

Advocate for the petitioners and Mr. Vikas Kumar, the

learned Advocate for the State.

Patna High Court CWJC No.3839 of 2025 dt.07-05-2025

2. Mr. Giri, while assailing the order of

blacklisting of the petitioner-Firm has submitted that

apart from the merits of the case, which makes the order

of blacklisting untenable, the order has been passed for

an indefinite period, which is in teeth of the judgment of

the Supreme Court in Kulja Industries Ltd. vs Chief

General Manager, Western Telecom Project,

Bharat Sanchar Nigal Ltd. & Ors. (2014) 14 SCC

731.

3. On perusal of the order impugned, we find

that the blacklisting is for an indefinite period which is not

permissible.

4. We have not addressed ourselves to the

merits of the case necessitating an order of blacklisting of

the petitioner-Firm.

5. We only deem it appropriate to set aside the

order with respect to blacklisting of the petitioners for an

indefinite period and remand it to the authority

concerned, who shall pass a fresh order in accordance Patna High Court CWJC No.3839 of 2025 dt.07-05-2025

with law giving reasons within a period of 60 days from

the date of receipt/ communication of a copy of this

order.

6. It will be open for the petitioner to raise all

his pleas before the authority who shall take that into

account before passing any order.

7. The writ petition stands disposed of

accordingly.

                                              (Ashutosh Kumar, ACJ)


                                                   (Partha Sarthy, J)

Bibhash/Rajesh
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Uploading Date          9.5.2025
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