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Patna High CourtCWJC/6820/2026disposed

Dilip Kumar v. The State Of Bihar

2026-05-07Mr. Justice Mohit Kumar Shah,Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6820 of 2026 ====================================================== Dilip Kumar S/o Ram Sakal Shahi, R/o Akharaghat, Nazirpur, Hanuman Mandir, Gayatri Mandir, P.S.- Ahiyapur, District-Muzaffarpur. ... ... 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.

Sri Vikash Kumar Sah, the Executive Engineer, Public Health, Division, Samastipur.

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

For the Petitioner/s :

Mr.Siyaram Pandey, Adv.

For the State :

Mr. Prabhat Kumar, AC to GA-11 ====================================================== 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:-

Patna High Court CWJC No.6820 of 2026(2) dt.07-05-2026 2/3 "1(i). Quashing/setting aside the office order No. 73 dated 16.4.2026, as contained in memo no.1844 dated 16.4.2026 (Annexure-P7), 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, whereas the electric bill has not been paid by the petitioner and assured to pay the remaining dues soon if the payment of O& M is paid to him and the same is already intimated to the authorities concerned and despite settling the dispute the petitioner is debarred in a wrong, arbitrary and whimsical manner. (ii).

Be pleased to direct the respondents to make payment of the amount of O & M of the aforesaid work, which is completed on 1.4.2026 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. (iii). And be 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."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the debarment order dated 16.4.2026, passed by the Executive Engineer, Public Health Division, Samastipur, 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 and a speaking order, in accordance with law, within a period of

Patna High Court CWJC No.6820 of 2026(2) dt.07-05-2026 3/3 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