Kameshwar Kumar Singh v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13900 of 2025 ====================================================== Kameshwar Kumar Singh, Male, Aged about 52 years, Son of Raghuveer Sharan Singh, Resident of Jila School Ke Pichhe, M P Bagh, Arrah PS Ara Nagar, District - Bhojpur, Bihar.

... ... Petitioner/s

Versus

1.

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

2.

The Director General, Military Police, Bihar, Patna. 3.

The Additional Director General of Police, Police headquarter, Bihar, Patna. 4.

The Inspector General of Police, Police headquarter, Bihar, Patna. 5.

The Inspector General, Military Police, Bihar, Patna. 6.

The Deputy Inspector General, Bihar Military Police, Central Division, Phulwari Sharif, Patna.

7.

The Commandant, Mounted Military Police, Bihar, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Respondent/s :

Government Advocate 09 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 09-09-2025 In the instant writ petition, petitioner has prayed for the following reliefs :

"i. For quashing the order being Letter No. 726/Vidhi, dated 10.02.2025 by which the Respondent No. 6 (The Deputy Inspector General, Bihar Military Police, Central Division, Phulwari Sharif, Patna) has blacklisted the firm of petitioner and has also forfeited/confiscated the sum of Rs. 5,14,000/- of petitioner, which has been communicated to

Patna High Court CWJC No.13900 of 2025(3) dt.09-09-2025 2/3 petitioner by the Respondent No. 7 (The Commandant, Mounted Military Police, Bihar, Ara) vide Letter No. 314, dated 11.02.2025.

ii. For directing the respondents to pay all dues of Rs. 5,14,000/- to petitioner with interest thereof.

iii. And/or for issuance of any further order(s) or direction(s) or writ(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case."

2. This is the second round of litigation, whereas in the same matter earlier this petitioner has approached this Court on the score that he has been blacklisted for indefinite period without following due process of law. Now certain procedures have been followed, however, petitioner has been blacklisted for indefinite period. The same is deprecated by the judicial pronouncements. One of the decision is in the case of Daffodills Pharmaceuticals Limited and Another vs. State of Uttar Pradesh and Another reported in (2020) 18 SCC 550.

3. That apart, indefinite period of blacklisting or debarring would result in taking away the livelihood of person and so also it is in violation of Articles 19(1)(g) and 21. On this score the petitioner has made out a case so as to interfere with the order dated 10.02.2025 passed in Letter No. 726/Vidhi.

Patna High Court CWJC No.13900 of 2025(3) dt.09-09-2025 3/3 Accordingly, it is set aside and matter is remanded to the concerned authority to proceed afresh while taking note of each and every material and proceed to pass fresh order. The principles laid down by the Hon'ble Supreme Court in the cited decision shall be taken note of for the purpose of blacklisting the petitioner or otherwise. The above exercise shall be completed within a period of two months from the date of receipt of this order.

(P. B. Bajanthri, ACJ) (Alok Kumar Sinha, J) GAURAV S./- U