M/S Amarnath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6796 of 2025 ====================================================== M/s Amarnath Jha aged about 57 years, son of Bhagvat Jha, Resident of Village-Kishanpur, P.O.-Nawada, P.S. Bahera, District Darbhanga, Pin 847201 through his authorized signatory Guddu Kumar Jha, Male, aged about 34 years, son of Amarnath Jha, Resident of Village-Kishanpur, P.O. Nawada, P.s. Bahera, District-Darbhanga, Pin 847201.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat Building, Patna.

2.

The Additional Chief Secretary, Water Resources Department, Government of Bihar, Old Secretariat Building, Patna.

3.

The Chief Engineer, Flood Control Division, Water Resources Department, Darbhanga.

4.

The Chief Engineer, Flood Control Division, Water Resources Department, Samastipur.

5.

The Superintendent Engineer, Flood Control Division, Water Resources Department, Darbhanga.

6.

The Executive Engineer, Flood Control Division, Water Resources Department, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar. Advocate Mr. Sandeep Kumar, Advocate Ms. Shikha Thakur, Advocate For the Respondent/s :

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 23-06-2025 The petitioner has challenged the order dated

Patna High Court CWJC No.6796 of 2025 dt.23-06-2025 2/3 13.11.2024, contained in Memo No. 4415, issued by the Chief Engineer, Water Resources Department, Government of Bihar, whereby the petitioner has been blacklisted for 10 years for not having completed the work allotted to him to the extent of 10%.

2. The learned counsel for the petitioner submits it is highly excessive; more so, when the State is in know of the fact that 10% of the remaining work could not be completed for the reason of encroachment, which responsibility was of the State to have it removed.

3. However, during the course of hearing of this petition, this Court was informed that against the aforenoted order impugned in the present petition, an appeal has been filed on 16.12.2024 before the Principal Secretary, Water Resources Department, Government of Bihar, which is pending consideration.

4. Under the aforesaid circumstances, we direct the Principal Secretary, Water Resources Department, Government of Bihar to dispose off the appeal of the petitioner within a period of four weeks by a reasoned order, which shall be communicated to him forthwith.

Patna High Court CWJC No.6796 of 2025 dt.23-06-2025 3/3

5. With the aforenoted direction, this writ petition stands disposed of.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) sujit/avinash AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.06.2025 Transmission Date