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Patna High Court
The State Of Bihar vs Himtech Sales Private Limited on 19 January, 2026
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.628 of 2025
In
Civil Writ Jurisdiction Case No.3351 of 2025
======================================================
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Government of Bihar, Patna.
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
3. The Director, Directorate of Purchase, Stores and Material Management,
Water Resources Department, Government of Bihar, Patna.
4. The Engineer-in-Chief Flood Control and Drainage, Water Resources
Department, Government of Bihar, Patna
5. The Chief Engineer, Flood Control and Water Drainage, Water Resources
Department, Muzaffarpur.
6. The Executive Engineer, Flood Control Division, Motihari.
7. The Executive Engineer, Drainage, Division, Bettiah
8. The Executive Engineer, Sikrahna Embankment Division, Motihari.
9. The Executive Engineer, Drainage Division, Motihari
10. The Executive Engineer, Flood Control and Drainage Division, Lalganj,
Hazipur.
11. The Executive Engineer, Flood Control Division, Muzaffarpur
12. The Executive Engineer, Flood Control Division, Bagha, West Champaran
13. The Executive Engineer, Drainage Division, Sitamarhi
14. The Executive Engineer, Bagmati Division, Sheohar.
15. The Executive Engineer, Ganga Sone Flood Protection Division, Digha.
16. The Executive Engineer, Bagmati Division, Sitamarhi
17. The Executive Engineer, Bagmati Division, Runnisaidpur
... ... Appellant/s
Versus
1. Himtech Sales Private Limited, a company under the provisions of the
Companies Act, 2013, having its registered office at 7 Babulal Lane, second
Floor, Kolkata 700001 and its Unit at A6/A8 (part) Phase-V Adityapur,
Gamharia, Jamshedpur, District Seraikela, Kharsawan Jharkhand through its
authorized representative namely Atanu Mondal, Male, aged about 40 years,
Sn of Late Sri Kali Pada Mondal resident of VTC Sunia, P.S. Goghat,
District- Hooghly, West Bengal.
2. The Director, Himtech Sales Private Limited Namely Manager Singh, male
aged about 73 years, resident of New Colony Nirmal Path Road, No. 3
Panchayat Chhota Gamaharia Police Station Gamaharia, District- Seraikela
Kharsawan, Jharkhand
... ... Respondent/s
======================================================
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
2/9
Appearance :
For the Appellant/s : Mr Anjani Kumar, AAG-4
For the Respondent/s :
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 19-01-2026
This Letters Patent Appeal has been filed by the State
of Bihar and others challenging the order dated 16.05.2025
passed in CWJC No. 3351 of 2025.
The writ petition was filed by the respondent Himtech
Sales Private Limited and another with the following prayer(s):-
"a. A writ of and/or in the nature of Mandamus
be issued directing Respondents, its men,
agents and assigns to release the
outstanding payments of Rs. 6,60,47,000/-
along with interest @12% per year in
respect of cement bags supplied by the
Petitioner No. 1 forthwith;
b. A writ of or in the nature of Mandamus
commanding the respondents and each one
of them, their men, agents and assigns to
rescind, revoke and recall the letters dated
23rd June 2023, 7th July 2023 and 20th
August 2024;
c. A writ of and/or in the nature of Mandamus
do issue restraining the respondents from
acting under and from giving any further
and/or any effect to the letters dated 23rd
June 2023, 7th July 2023 and 20th August
2024;
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
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d. A writ of and/or in the nature of Prohibition
do issue prohibiting the respondents from
proceeding with the letters dated 23rd June
2023, 7th July 2023 and 20th August 2024;
e. Appropriate Writs and/or orders and/or
direction do issue as would afford complete
relief to the Petitioners.
f. Such further order and/or orders as the
Hon'ble Court may deem fit and proper."
2. It seems that counter affidavit was filed by the
Respondent Nos. 1 to 6 wherein the following stand has been
taken:-
"11. That vide Letter No. 637 dated 29.05.2023
the Executive Engineer, Ganga Sone Flood
Protection Division Digha Patna directed
all the consignee division to submit the 20
new EC bags from the supplied new EC
bags of the Petitioner before the authorized
representative namely Smt Neelam Kumari
JE after making selection so that test of the
supplied new EC bags may be done.
12. That the Petitioner Company has supplied
the total quantity of empty cements bags to
the concerned consignee division but the
said supplied empty cements bags was not
as per specification mentioned in the
purchase order.
13. That the department of deponent has tested
the supplied empty cements bags of the
Petitioner in the departmental Lab after
taking sample from the supplied empty
cements bags and it was found that the
supplied new empty cements bags was not
supplied as per specifications mentioned in
the purchase order.
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
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14. That vide Letter No. 477 dated 23.06.2023
the department of deponent communicated
to the Petitioner that the supplies made by
the Petitioner was not as per specification
mentioned in the purchase order and not as
per schedule of supply.
15. That vide Letter No. 512 dated 07.07.2023
the Director, Purchase, Store and Materials
Directorate Water Resources Department
Patna directed the consignee division of
the department not to consume/use the
bags supplied by the Petitioner as the
supplied the new empty cement bags are
not as per specification mentioned in the
purchase order.
16. That vide Letter No. 531 dated 19.07.2023
the Director, Purchase, Store and Materials
Directorate Water Resources Department
Patna directed the Petitioner to take back
the supplied empty cement bags as the
same is not as per specifications mentioned
the purchase order.
17. That vide reminders contained in Letter No.
538 dated 20.07.2023 and Letter No. 562
dated 01.08.2023 the Director, Purchase,
Store and Materials Directorate Water
Resources Department Patna directed the
Petitioner to take back the new empty
cements bags as the same was not as per
specification mentioned in the purchase
order.
18. That on the request of the Petitioner vide
letter No. 629 dated 30th August 2023 the
Director, Purchase, Store and Materials
Directorate Water Resources Department
Patna directed the Executive Engineer
Ganga Sone Flood Protection Division,
Digha Patna to conduct a retest of supplied
new empty cements bags in any of
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
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laboratories i.e. CIPET Hajipur, Jadavpur
University Kolkata, or CWPRS Pune and
to make available the test report to the
undersigned and consignee Executive
Engineers. In the said letter it was also
mentioned the cost of inspection/test will be
borne by the Petitioner as per terms and
condition of the purchase order.
19. That vide Letter No.716 dated 16.10.2023
the Director, Purchase, Stores and Material
Management, Water Resources Department
Patna directed the Petitioner to deposit the
charges before the undersigned for
conducting the Test at CWPRS Pune. But
the Petitioner did not deposit the said
charges despite request which shows that
the Petitioner was himself not interested
for retest of the supplied new empty cement
bags.
21. That on account of request of the Petitioner
to retest, the department of deponent has
taken the decision to recheck/retest of
quality of E.C bags supplied by Petitioner.
24. That again vide Letter No. 310 dated
20.05.2024
the Director, Purchase, Store
and Materials Directorate Water Resources
Department Patna has requested the
Petitioner to be present at the consignee
division for samples collection of new EC
bags so that the test may be done. He has
also been communicated that if he will be
not present at the time of collection no
claims will be entertained. Despite
categorical request the Petitioner did not
appear before the concerned authorities of
the department of deponent for samples
collection.
27. That thereafter in the presence of officers of
the department of deponent the samples of
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
supplied new empty cement bags of the
Petitioner has been collected from the
concerned consignee division. Vide Letter
No. 706 dated 13.06.2024 the Executive
Engineer, Ganga Sone Flood Protection
Division Digha Patna has sent the
collected samples of new EC bags of the
Petitioner to the Executive Engineer,
Research and Training Division -02
Khagaul Patna for testing.
28. That after the collection of sample again
vide Letter No 766 date 12.06.2024 the
Superintendent Engineer Research and
training circle, Khagaul, Patna has
requested to Petitioner to be present at the
time of testing of collected samples of new
EC bags so that the testing of sample can
be done in his presence. He has also been
communicated that if he dehbratly not
present at the time of testing of sample. He
himself will be responsible for her
presence.
29. That the collected samples of the supplied
new EC bags had been tested in the
departmental Lab, Khagaul and it was
found that the supplied new empty cements
bags supplied by the Petitioner are not as
per specification mentioned in the purchase
orders.
30. That vides Letter No. 465 dated 22.07.2024
the Director, Purchase, Stores and Material
Management, Water Resources Department
Patna rejected the supplied empty cement
bags of the Petitioner and directed the
Petitioner to take back the supplied EC
bags from the consignee division as the
supplied bags are not as per specification
mentioned in the purchase order. It has
also been communicated that several times
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
request has been made to the Petitioner to
be present at the time of samples collection
and for ensuring their presence at the time
of testing at departmental Lab. but he
neither turned up at the time of sample
collection nor turned up at the time of
testing of samples in spite of prior
communication to the Petitioner well in
advance. Finally the test has been made the
departmental Lab Khagaul after taking
samples from the concerned consignee
division and it was found that the supplied
new EC bags are not as per specification
mentioned in the purchase order."
3. Rejoinder to the said counter affidavit was filed by
the petitioners.
4. In the impugned order, the learned Single Judge has
observed as follows:-
"3. Learned counsel appearing on
behalf of the petitioner has stated that the
petitioner has supplied the requisite bags as per
the work order in and around 31.05.2023. That
the authorities have issued notice dated
23.06.2023 stating that the as per the report of
the lab, bags supplied by the petitioner are not
of the required specifications. That,
subsequently vide letter dated 22.07.2024, the
petitioner was asked to take back the bags
supplied by him. Learned counsel for the
petitioner has stated that nearly 200 daily
workers are dependent upon the petitioner for
their livelihood and approximately an amount
of Rs.6,60,47,000/- is due from the respondents
for the bags supplied but till date they have not
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
paid any bills. Learned counsel has stated that
unless and until some amounts are paid, the
petitioner would not be in a position to
maintain the workers or keep the unit in the
running condition.
4. Having regard to the same, the
respondents authorities are directed to
immediately release an amount of
Rs.1,00,00,000/- to the petitioner herein
positively within ten days from today.
5. It is made clear that the amount
paid will be the subject to the final result of the
present writ petition. In case any adverse orders
are passed against the petitioner, the petitioner
would be liable to refund the same."
5. Learned counsel for the State submits that there
was every reason on the part of the State to pass the impugned
order which was challenged by the respondents in the writ
petition and therefore, the learned Single Judge was not justified
in passing the order directing the appellants to immediately
release an amount of Rs. 1,00,00,000/- (one crore) to the
respondent within ten days from the passing of the order. It is
further submitted that such an order is not sustainable in the
eyes of law in view of the stand taken by the appellants in the
counter affidavit.
6. When we made a query to the learned counsel for
the State as to whether any contempt proceeding has been
initiated by the respondents in terms of Paragraph No. 4 of the
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
impugned order, the answer was in negative.
7. In view of such submission, when the matter is sub
judice and no contempt proceeding has yet been instituted and
the pleadings are complete, we request the learned Single Judge
to hear the respective parties and finally dispose of the matter
within a period of four weeks from today.
It is made clear that we have not expressed any
opinion on the merits of the case.
8. Accordingly, the Letters Patent Appeal is disposed
of.
9. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Mohit Kumar Shah, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 20.01.2026
Transmission Date
