Kishore Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4699 of 2026 ====================================================== Kishore Kumar Singh Son of Late Jwala Singh, Resident of Kshatriya Nagar, P.S. Aurangabad (T), District- Aurangabad, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Minor Water Resources Department, Government of Bihar, Patna.

2.

The Engineer in Chief, Minor Water Resources Department, Government of Bihar, Patna.

3.

The Chief Engineer, (Planning + Monitoring + Geology), cum Registering Authority, Minor Water Resources Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Ranjan, Advocate For the Respondent/s :

Mr. Government Pleader-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 31-03-2026 The present writ application has been filed for the following reliefs:- "(i) Quashing of the order bearing Letter No. 144 dated 29.01.2026 (Annexure P/5) by which, the Chief Engineer cum Registering Authority has blacklisted the Registration of the petitioner (Registration No. MWRD 1224 C21N5284 Class - II), for a period of 10 years under Clause 11 (d) (vii) of the Bihar contractors Registration Rules, 2007 read with Sub Clause 4 of Clause 08 of Order No. 154 dated 18.06.2015.

(ii) Declaration to the effect that no rights and liabilities could flow out of Order No. 154 dated 18.06.2015 issued by the Road Construction Department in view of the fact that the same is not the decision of the government and further more, the same has not been issued in the name

Patna High Court CWJC No.4699 of 2026(2) dt.31-03-2026 2/3 of his Excellency, the Governor of Bihar in terms of Rules of executive business coupled with the fact that the said order has neither been published in the extra ordinary Gazette of Bihar nor forms the part of the Tender document or the Notice Inviting Tender; and (iii) Restraining the Respondents from taking any coercive action and giving effect to the order contained in Letter No. 144 dated 29.01.2026 (Annexure P/ P/5) during the pendency of the present writ application and/or the without the leave of this Hon'ble Court."

2. The petitioner has challenged Letter No. 144 dated 29.01.2026, which has been brought on record as Annexure-P/5 to the writ application.

3. Learned counsel for the State submits that an efficacious alternative statutory remedy is available to the petitioner by way of an appeal before respondent No. 1.

4. Having heard learned counsel for the parties and upon consideration of the materials available on record, this Court is not inclined to interfere in the present writ application at this stage, in view of the availability of an alternative statutory remedy.

5. The petitioner shall be at liberty to prefer an appeal before the appropriate authority within a period of 30 days from today.

6. In the event such an appeal is filed, the authority

Patna High Court CWJC No.4699 of 2026(2) dt.31-03-2026 3/3 concerned shall consider and decide the same on its own merits, after affording due opportunity of hearing to all the stakeholders, and shall endeavour to dispose of the same expeditiously.

7. With the aforesaid liberty, the present writ application stands disposed of.

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

(Sudhir Singh, J) (Shailendra Singh, J) Anushka/- U