Lucky Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10184 of 2026 ====================================================== Lucky Sinha Wife of Satyendra Singh, Resident of village and PostBasantpur, P.S- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department, Patna, Bihar.

2.

The Secretary, Rural Works Department, Patna, Bihar. 3.

The Chief Engineer- 04, Rural Works Department, Purnea, Bihar. 4.

The Superintending Engineer, Rural Works Department, Purnea, Bihar. 5.

The Chief Nodal Officer, MMGSY, Rural Works Department, Patna, Bihar. 6.

The Executive Engineer, Rural Works Department, Work Division Baisi, Purnea, Bihar.

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

For the Petitioner/s :

Mrs. Rashmi Jha, Advocate For the Respondent/s :

Mr. S.D.Sanjay, Advocate General ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 22-07-2026 Heard learned counsel for the parties.

2. The petitioner has sought the following reliefs in the present writ petition:

"1. That this is an application for issuance of an appropriate writ or writs particularly in the nature of certiorari for setting aside the order dated 16.01.2026 (Annexure-P/6) passed by Respondent no. 3 in memo no.

674, whereby and whereunder respondent no. 3 has blacklisted the petitioner (Reg. No.

Patna High Court CWJC No.10184 of 2026(2) dt.22-07-2026 2/3 1200056) for 3 years with respect to noncompletion of allotted work under MMGSY and PMGSY ie. WB/MMGSY/2019-2020 (09/MBD/2019-20/MMGSY(WB) and PMGSY/2018-19 (23SBD/2018-19).

Further be pleased to direct the concerned respondent authorities to refund the invested amount in the abovesaid projects to the petitioner as he has already completed most of the work.

Further issuance of any other appropriate writ/writs under the facts and circumstances of the case."

3. Learned counsel appearing for the State submits that the order impugned in the present writ petition is appealable under Rule 11(e) of the Bihar Registration of Contractors Rules (Rural Works Department), 2007, which reads as follows:- "(e) The contractor can file an appeal within thirty days against the punishment related black-listing/demotion/suspension before the Commissioner and Secretary/ Secretary of the Department."

4. In view of the availability of an efficacious statutory remedy of appeal, petitioner is granted liberty to prefer an appeal before the competent appellate authority within a period of thirty days from the date of receipt/production of a

Patna High Court CWJC No.10184 of 2026(2) dt.22-07-2026 3/3 copy of this order.

5. In the event such an appeal is preferred within the aforesaid period, the appellate authority shall consider and dispose of the same by passing a reasoned and speaking order in accordance with law, after affording due opportunity of hearing to all the stakeholders.

6. Accordingly, the present writ application stands disposed of.

7. It is made clear that this Court has not expressed any opinion on the merits of the rival claims.

8. Pending application (s), if any, shall also stand disposed of.

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Nitesh/- U