M/S Aadhya Agency v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.315 of 2026 ====================================================== M/S Aadhya Agency (A Sole Proprietorship Firm), having its Office at Ram Charitra Nagar Putahi, District- Muzaffarpur through its authorized signatory Priyanka Kumari, aged about years, W/o. Vikash Kumar ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Building Construction Department, New Secretariat, Delhi.

2.

Managing Director, Bihar State Building Construction Corporation Ltd. Having head office at Shastri Nagar, P.S- Shastri Nagar, District- Patna. 3.

Chief General Manager, Bihar State Building Construction Corporation Ltd. Having head office at Shastri Nagar, P.S- Shastri Nagar, District- Patna. 4.

Deputy General Manager, Bihar State Building Construction Corporation Ltd, (Project Implementation Unit), having its office at -Kashi Bazar, Chapra, Saran.

5.

Deputy General Manager, Bihar State Building Construction Corporation Ltd, (Project Implementation Unit), having its office at House of Nand Kishore Singh, Yadavnagar, Bhagwanpur Chowk, P.S-Bhagwanpur, DistrictMuzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Anuraj Saurav, Advocate For the State :

Mr. Arun Kumar Prasad, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 02-02-2026 In the present writ petition, the petitioner has prayed for the following relief(s):- "(i) For Quashing of the Letter bearing Letter No.902 dated:08.12.2025 issued by Respondent No.4 i.e. Deputy General Manager, Bihar State Building Construction Corporation Ltd, Saran, Whereby and Where under Respondent No.4 without providing adequate opportunity of

2/4 hearing to the petitioner, debarred the petitioner from participating in future tender till the completion of the work, whereas the delay incurred in completion due to non-availability of land on which construction has to be done. (ii) For issuance of writ in the nature of mandamus directing the respondent to provide further period of three months for completion of the construction work, whereas when the work was initiated by the petitioner the land on which construction has to be done was provided after a period of two months and due to which the entire project get delayed.

(iii) For issuance of writ in the nature of mandamus directing the authority to enter into work agreement of other tender in which petitioner was declared L-1 before the passing of debarment order an allow the petitioner to commence the work.

(iv) For granting stay on the debarment order issued by respondent no.4 vide letter bearing Letter No. 902 dated 08.12.2025 and allow the petitioner to participate in future tender till the disposal of the writ petition.

(v) For issuance of any other relief or reliefs."

2. A counter affidavit has been filed on behalf of Respondent Nos.2 to 5, wherein the following statement has been made in paragraph-5:- "5. That it is humbly stated that petitioner is not

3/4 entitled to any of the reliefs prayed for in paragraph no. 1(i) to (v) to the writ application under reply. It is stated that in view of requirement of Animal and Fisheries Resources Department, the government decided to construct animal hospital at Kopa, district Saran. It is stated that Corporation floated tender for the same and petitioner came L/1.

The Circle Officer, Jalalpur, identified the required land, being Khata no. 1690, Khesra no. 5160 area 1.81 acre, demarcated it and made available the same for the aforesaid purpose. Accordingly, work order issued to petitioner vide letter no. 340 dated 17.04.2025. The work was to be completed positively within a period of six months i.e. 17.04.25 to 16.10.25. The petitioner failed to execute the work and it is still incomplete. It is humbly stated that respondent no.4 reminded the petitioner twice vide letter dated 09.10.25 and letter dated 12.11.25 that work is not going on as per schedule and very likely work may not complete on time but petitioner failed to make necessary effort for completion of the work and then show cause notice was issued vide letter no. 882 dated 02.12.25 asking her to show cause within 03 days and submit revised work programme, failing which action of debarment may be taken, apart from imposition of liquidated damages as per agreement. The petitioner failed to submit revised work programme in prescribed form and simply made a telephonic request on WhatsApp

4/4 for extension of time till 31.01.26. It is respectfully stated that in that view of the matter petitioner has been debarred from participating future tenders till completion of the work."

3. In view of the aforesaid submissions made in the counter affidavit, it is evident that the impugned action has been taken in accordance with the terms of the agreement and after affording due opportunity. No arbitrariness or illegality is made out, we, therefore, find no merit in the present writ application.

4. Accordingly, the present writ application stands dismissed.

5. Pending application(s), if any, shall stand disposed of.

(Sudhir Singh, J.) (Rajesh Kumar Verma, J.) Gaurav Kumar, Ibrar/- U