Md. Bashir Alam v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18559 of 2013 ====================================================== Md. Bashir Alam Son Of Md. Sanaullah Resident Of Village - Rajepur, P.S. - Dhaka, District - East Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Engineer-In-Chief, Rural Works Department, Bihar, Patna 3.
The Deputy Secretary, Rural Work Department, Government Of Bihar, Patna 4.
The Chief Engineer-1, Rural Works Department, Bihar, Patna 5.
The Superintending Engineer, Rural Works Department, Motihari 6.
The Executive Engineer, Rural Works Department, Dhaka, District - Motihari ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Nath Dubey For the Respondent/s :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 12-05-2023 None appears for the respondent.
2. Matter is of the year 2013.
3. In the instant petition, petitioner has prayed for the following relief(s):- " That this writ application is being filed for issuance of an appropriate writ/writs, order/orders for quashing the order bearing Memo No.
4948 dated 10.05.2013 issued under the signature of Respondent No. 3 by which the petitioner registration in the
Patna High Court CWJC No.18559 of 2013(3) dt.12-05-2023 2/3 department black listed and registration of the petitioner has been cancelled without giving proper opportunity and further quashing the letter dated 10.05.2013 by which a direction given to the Respondent No. 6 to seize the NSC of the petitioner without any tender allotted to the petitioner and further direct the Respondent to return the NSC of the petitioner and not take any coercive action against the petitioner, and further for any other relief or reliefs for which the petitioner is entitled."
4. Perusal of the impugned order it is evident that the petitioner has not been heard in the matter before impugned action is taken insofar as black-listing and cancellation of registration. On the aforementioned ground, the petitioner has made out a case, hence Annexure - 5 & 6 dated 10.05.2013 stands set aside.
5. Further, it is observed that there is a reference to the notice in the impugned order at Annexure-5. However, gist of the notice and reply are not forthcoming. In other words, it is a non-speaking order. That apart it is noticed that black-listing is for indefinite period which is deprecated by the judicial pronouncements of Apex Court in the case of M/s Chauhan Builders Raibareli vs. State of Uttar Pradesh & Ors., SLP(C) No. 32840 of 2018.
Patna High Court CWJC No.18559 of 2013(3) dt.12-05-2023 3/3
6. Accordingly, the present writ petition stands allowed.
(P. B. Bajanthri, J) ( Arun Kumar Jha, J) abhishekkr/- U