Amit Kumar-Alok Kumar, Patna (In Short A A, Patna) (Jv) v. Bihar Urban Infrastructure Development Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13597 of 2025 ====================================================== Amit Kumar-Alok Kumar, Patna (in short A A, Patna) (JV) through its authorized signatory Mr. Alok Kumar, Aged about 38 Years (Male), Son of Sri Binay Kumar Sinha, Resident of Mohalla- Vijay Nagar, Hanuman Nagar, Kankarbagh, House No.-F/40, P.O- Bahadurpur, P.S-Patrakar Nagar, DistrictPatna-800020. ... ... Petitioner/s

Versus

1.

Bihar Urban Infrastructure Development Corporation Ltd. (A Govt. of Bihar Undertaking), BUIDCo Ltd. through its Managing Director, West Boring Canal Road, (Rajapur Pul), Patna-800001.

2.

The Managing Director, Bihar Urban Infrastructure Development Corporation Ltd. (A Govt. of Bihar Undertaking). BUIDCo Ltd. West Boring Canal Road, (Rajapur Pul), Patna-1.

3.

The Chief General Manager, Bihar Urban Infrastructure Development Corporation Ltd. (A Govt. of Bihar Undertaking), BUIDCo Ltd. West Boring Canal Road, (Rajapur Pul), Patna, Bihar-800001. 4.

The General Manager (North Wing), Bihar Urban Infrastructure Development Corporation Ltd (A Govt. of Bihar Undertaking), BUIDCo Ltd., North Bihar Wing, West Boring Canal Road, (Rajapur Pul), Patna, Bihar-800001.

5.

The Project Director, Bihar Urban Infrastructure Development Corporation Ltd (A Govt. of Bihar Undertaking), BUIDCo Ltd., Madhepura, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Manish Sahay, Adv.

Mr. Anil Kumar Sinha, Adv.

Mr. Siddharth Aditya, Adv.

Mr. Amrit Kirti, Adv.

Mr. Aman Raj, Adv.

For the Respondent/s :

Mr. Lalit Kishore, Sr. Adv.

Mr. K.K. Priyadarshi, Adv.

====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 30-08-2025 In the writ petition, the petitioner has prayed for the following reliefs:

Patna High Court CWJC No.13597 of 2025 dt.30-08-2025 2/3

(1) For quashing of debarment order, issued vide letter No. 167 dated 14.08.2025 read with Office Order No. 02 / Madhepura dated 14.08.2025, issued vide Memo No. 168 / Madhepura dated 14.08.2025 under signature of the Project Director, as contained in Annexure-P-5 Series, by which the petitioner has been declared defaulter and debarred for taking part in future tender for indefinite period in most arbitrary manner, violating the principle of natural justice as well as without applying his independent mind.

II) For declaring that the action of the Project Director is arbitrariness, mala fide, malicious, colourable exercise of power as well as having without jurisdiction.

(III) For restraining the respondents to take any coercive action against the petitioner relates to agreement in question.

(IV) For declaring that said debarment order dated 14.08.2025 will not come in the way of deciding any tender pending in said corporation and others departments.

(V) For further passing such an order or orders for which the petitioner is entitled

Patna High Court CWJC No.13597 of 2025 dt.30-08-2025 3/3 under the law in the facts and circumstances of this case.

2. Learned counsel for the respondents vehemently contended that without following due process of law, the aforementioned decision has been taken by the concerned authority. The same is not disputed by the learned senior counsel for the respondents. The learned senior counsel for the respondents has clear instruction that the impugned action would be withdrawn and thereafter, the necessary action would be taken after following due process of law.

3. Taking note of the aforementioned submission, instant writ petition stands disposed of. The concerned authority is hereby directed to withdraw the impugned action within a period of one week from today. Thereafter, necessary proceeding shall be undertaken and completed within a period of three months from the date of receipt of this order. Petitioner shall co-operate in the matter.

(P. B. Bajanthri, ACJ) ( Arvind Singh Chandel , J) shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.09.2025 Transmission Date NA