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Patna High CourtCWJC/7531/2025allowed

Rajiv Kumar v. The State Of Bihar

2025-09-23The Chief Justice,Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7531 of 2025 ====================================================== Rajiv Kumar, Son of Sri Awadh Kishore Sharma, Resident of village Bishunpur, P.O. Ghejan, P.S. Sakurabad, District - Jahanabad, Bihar. ... ... Petitioner.

Versus

1.

The State of Bihar through the Additional Chief Secretary, Minor Irrigation Department, Government of Bihar, Patna.

2.

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

3.

The Chief Engineer (Planning and Monitoring and Geology), Minor Irrigation Department, Government of Bihar, Patna. ... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Prabhat Ranjan, Advocate.

For the State :

Mr. P.K. Shahi, Advocate General.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-09-2025 In the instant writ petition, petitioner has prayed for the following relief(s):

"(i) For issuance of appropriate writ, rule or direction for Quashing of the Show Cause Notice bearing Letter No.201 dated 10.03.2025 by which the Chief Engineer (Respondent No.3) in purported compliance of the Order dated 20.04.2023 passed by this Hon'ble Court in CWJC No.3860/2023 (Rajiv Kumar Vrs. State of Bihar and Ors.) has required the petitioner to submit reply as to why, for the allegation of interpolating in the performance certificate,

Patna High Court CWJC No.7531 of 2025(4) dt.23-09-2025 2/3 the registration of the petitioner bearing Registration No.MWRD1024C1 IN3192109 Class-1 be not blacklisted;

(ii) For issuance of appropriate writ, rule or direction for Quashing of the consequential Letter No.245 dated 28.03.2025 by which, the Chief Engineer has issued reminder to furnish the reply to the Show Cause Notice as issued earlier vide Letter No.201 dated 10.03.2025, failing which appropriate ex-parte action is contemplated; and (iii) For issuance of appropriate writ, rule or direction for Restraining the Respondents from giving effect to and proceeding further in connection with Notice to Show Cause contained in Letter No.201 dated 10.03.2025 and Letter No.245 dated 28.03.2025 during the pendency of the present writ application and/or the without the leave of this Hon'ble Court."

2. Learned counsel for the petitioner is relying on identical matter decided by this Bench on 09.09.2025 in C.W.J.C. No.12231 of 2025 to the extent that the decision is abruptly applicable to the case in hand. It is not disputed by the learned counsel for the respondents.

3. Accordingly, instant writ petition stands allowed in

Patna High Court CWJC No.7531 of 2025(4) dt.23-09-2025 3/3 the light of the order dated 09.09.2025 passed in C.W.J.C. No.12231 of 2025 and the impugned Show Cause Notice dated 10.03.2025 stands set aside.

(P. B. Bajanthri, CJ) ( Alok Kumar Sinha, J) P.S./- U