← Library
Patna High CourtCWJC/3646/2026disposed

Sanjeev Kumar Shahi v. The State Of Bihar

2026-03-18Mr. Justice Sudhir Singh,Mr. Justice Shailendra Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3646 of 2026 ====================================================== Sanjeev Kumar Shahi, Male, aged about 54 years, S/o Ram Sakal Shahi, R/o Akharaghat, Nazirpur, Hanuman Mandir, Gayatri Mandir, P.S. - Ahiyapur, District - Muzaffarpur.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 2.

The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3.

The Engineer-in-Chief-Cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

4.

The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna.

5.

The Zonal Chief Engineer, Public Health Engineering Zone, Muzaffarpur. 6.

The Superintending Engineer, Public Health Engineering Circle, Darbhanga. 7.

The Executive Engineer, Public Health, Division, Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Siyaram Pandey, Advocate For the Respondents :

Mr.Addl. Advocate General- 04 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 18-03-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The following reliefs have been sought in the

2/4 present writ application:

"1. Writ of Certiorari for quashing/setting aside the office order no.144 dated20.12.2025 as contained in memo no.6165 dated-20.12.2025 issued by the office of the Executive Engineer, Public Health Division, Samastipur by which the petitioner has been debarred from taking part in any next tender/bid offered by the respondents due to not making payment of electricity bill, which is said to be due till date, as the electric bill has already been paid by the petitioner and the issue is settled despite that the order of debarment is not recalled till date in a wrong, arbitrary and whimsical manner.

II. And/or be pleased to issue of a writ in the nature of writ of mandamus or an appropriate writ/writs, order/orders or direction/directions commanding the respondents to make payment of the admitted dues of the work done by the petitioner with related to the agreement no. F2-09/2019-20 dated-20.09.2019 of Extension of Rural Pipe Supply Scheme, Sonupur to ensure ward saturation with house connection including 05 years operation and maintenance in the district of Samastipur for the year 2018-19 Wards No. 04,05,06, 07 & 08 of Sonupur North Panchayat, Block Rosera as the time

3/4 of O&M is also ended till 09.04.2025.

III. And/or be pleased to pass such other order/orders which may be deemed fit and proper in the facts and circumstances of the case and allow the petitioner to take part in any open tender without any hindrance."

3. The respondent authorities have passed the order under challenge stating, inter alia, that since the electricity bill had not been deposited, the petitioner's firm would be debarred for participation in the next tender and further deposit money would be forfeited.

4. Learned counsel for the petitioner submits that the electricity bill has already been deposited on 31.12.2025, as would be evident from Annexure-P/4.

5. Considering the aforesaid, the impugned order dated 20.12.2025 is hereby set aside. The matter is remitted back to the respondent authorities who shall pass a fresh order in accordance with law, after taking into consideration Annexures-P/4 and P/5 to the present writ application, within a period of one week from the date of receipt/production of a copy of this order.

6. With the aforesaid observation and direction, the present writ application stands disposed of.

7. Pending application(s), if any, shall also stand

4/4 disposed of.

(Sudhir Singh, J) ( Shailendra Singh, J) U.K./- U