M/S Rathod Solutions v. The State Of Bihar
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, Patna800025. 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, Patna800025. ... ... 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 2/3
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 3/3 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 AFR/NAFR NAFR CAV DATE NA Uploading Date 9.5.2025 Transmission Date NA