Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6755 of 2026 ====================================================== Kundan Kumar Son of Devendra Singh, Resident of Village- Kushhar Tole Kopgadha, Ward No.- 10, Near Hanuman Mandir, Post- Taryani, DistSheohar. ... ... Petitioner/s

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 Superintending Engineer, Public Health Engineering Circle, Muzaffarpur.

8.

The Executive Engineer, Public Health, Division, Darbhanga. 9.

The Sub-Divisional Officer, Public Health Sub Division, Laheriyasarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siyaram Pandey, Adv.

For the Respondent/s :

Mr.Addl. Advocate General (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 07-05-2026 The present writ petition has been filed seeking the following reliefs:- "1(i). Quashing/setting aside the office order bearing letter no.428 dated-03-04.2025, issued by the office of the Executive Engineer, Public Health Division, Darbhanga, by which the petitioner has been debarred

Patna High Court CWJC No.6755 of 2026(2) dt.07-05-2026 2/3 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, whereas the electric bill has not been paid by the petitioner due to delay and latches on the part of the respondents as not a single penny is paid to him for the maintenance and operation cost of the project/scheme in a wrong, arbitrary and whimsical manner.

(ii). Be further pleased to quash/set aside the letter no. 848 dated-05.03.2026, by which the petitioner is threatened to blacklist the registration of the petitioner if he fails to deposit the electricity bill.

(iii). Be pleased to direct the respondents to make payment of amount of O&M of the aforesaid work, which is completed on 01-09-2025 successfully by the petitioner with no complaint till final completion of stipulated period but the due amount is not being paid to the petitioner in a very wrong and illegal manner and instead of making payment of the dues, the petitioner is being debarred in a wrong and arbitrary manner. (iv). And be further pleased to rectify the electricity bill, which is wrongly calculated and huge amount of penalty is added in the electricity bill, which is causing harassment to the petitioner including financial loss despite no fault on the part of the petitioner." 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the debarment order dated 3.4.2025, passed by the Sub-Divisional Officer, Public Health Sub-Division, Darbhanga, by filing appropriate appeal. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate appeal is filed within a period of two weeks from today, the appellate authority shall consider the same on merits and pass a reasoned

Patna High Court CWJC No.6755 of 2026(2) dt.07-05-2026 3/3 and a speaking order, in accordance with law, within a period of two weeks, thereafter.

4.

Accordingly, the present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ( Ramesh Chand Malviya, J) Ajay/- U