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Patna High CourtCWJC/12507/2023disposed

Puja Kumari v. The State Of Bihar

2023-09-12Mr. Justice P. B. Bajanthri,Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12507 of 2023 ====================================================== Puja Kumari Wife of Sri Pintu Kumar Yadav, Resident of Village- Chunapur Road, Madhubani, P.S.- K. Hat, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Bihar, Patna.

2.

The Executive Engineer, Road Construction Department, Road Division, Purnea.

3.

The Nagar Aayukta, Nagar Nigam, Purnea.

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Resp No. 1 & 2 :

Mr. Ravi Bhardawaj, Advocate For the Resp No. 3 : Mr. Bijendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 12-09-2023 In the instant petition, petitioner has prayed for the following relief(s):- "1. i. For issuance of an appropriate writ for quashing of the order contained in Memo no. 692 dated 2905-2023 (Annexure-6) passed by the Executive Engineer, Road Construction Department, Road Division, Purnea by which the respondent no. 2 has Black Listed the petitioner. ii. For issuance of an appropriate writ for quashing the order contained in Memo no. 1594 dated 2405-2023 (Annexure-5) passed by the respondent no. 3 by which the respondent no.

3 has recommended the respondent no. 2 to put the petitioner in the Black List. iii. For issuance of an appropriate writ directing and commanding the respondents to give the petitioner all consequential benefits after quashing the aforesaid orders dated 29-05-2023 (Annexure-6) and 2405-2023 (Annexure-5). iv. For any other relief/reliefs of which the petitioner is legally entitled to."

Patna High Court CWJC No.12507 of 2023(2) dt.12-09-2023 2/2

2. The petitioner has been blacklisted for an indefinite period in terms of order dated 29.05.2023 vide Annexure-6.

3. Learned counsel for the petitioner submitted that the present matter is covered by earlier decisions of this Court passed in C.W.J.C. No. 10401 of 2023 (Rajnish Kumar Singh Vs. The State of Bihar & Ors.) decided on 11.08.2023. The same is not disputed by the learned counsel for the respondents.

4. In the light of these facts and circumstances, impugned order dated 29.05.2023 vide Annexure-6 stands set aside in terms of order passed in the aforementioned case.

5. Accordingly, the present writ petition stands disposed of, reserving liberty to the concerned respondent to proceed afresh after taking note of judicial pronouncements cited in the case of Rajnish Kumar Singh Vs. The State of Bihar & Ors.

6. The above exercise shall be completed within a period of three (3) months from the date of receipt of this order. (P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/- U