Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18000 of 2025 ====================================================== Chandan Kumar Son of Vijay Kumar Dubey Resident of Village- Indra Chowk Gali 1, P.S.- Bettiah Nagar, District- West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Bihar State Food and Consumer Protection Department, Government of Bihar, Patna. 2.
The District Magistrate Cum Chairman, District Transport Committee, West Champaran, Bettiah.
3.
The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., West Champaran, Bettiah.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr Ramakant Sharma, Sr. Advocate Mr. Mayank Raj, Advocate For the State : Mr. Nadim Seraj, Government Pleader-5 Mr. Shailesh Kumar, AC to GP-5 For the BSFC :
Mr. Shailendra Kumar Singh, Advocate Mr. Nirmal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 25-03-2026 The present writ application has been filed for the following relief:
"i) For of appropriate writ/writs, order/orders, direction/directions for quashing the order contained in memo no. 879 dated 30.08.2025 issued under the signature of respondent no. 2 (The District Magistrate Cum Chairman) whereby and whereunder petitioner has been blacklisted by invoking the Clause 9(c) and 9(j) u/s 2 of Instruction of Bidders for next 05 years and further tender of petitioner and earnest money deposit has
Patna High Court CWJC No.18000 of 2025(2) dt.25-03-2026 2/3 been decided to be forfeited.
(ii) For issuance appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities especially respondent no. 3 (The District Magistrate) to enter into an Agreement pursuant to Memo no. 783 dated 07.08.2025 whereby and whereunder petitioner has been declared successful bidder against one vacancy of Transportation cum Handling Supply Agent by District Transport Committee, Bettiah subject to the fulfillment of condition mentioned in the office order dated 07.08.2025.
(iii) For issuance of any other relief/reliefs for which petitioner is found entitled in the eye of law and in the facts and circumstances of the present case."
2. Learned counsel for the petitioner submits that the impugned order of blacklisting has been passed in violation of the principles of natural justice, inasmuch as no show cause notice was ever issued to the petitioner prior to passing of the impugned order.
3. Mr. Shailendra Kumar Singh, learned counsel appearing for the respondents, submits that the petitioner has an efficacious alternative remedy to prefer an appeal before the competent authority, namely the Managing Director, Bihar State Food and Civil Supplies Corporation Limited.
4. Having considered the submissions advanced on
Patna High Court CWJC No.18000 of 2025(2) dt.25-03-2026 3/3 behalf of the parties, this Court is not inclined to interfere in the matter at this stage in view of the availability of an efficacious alternative remedy.
5. Accordingly, the petitioner is granted liberty to prefer an appeal before the aforesaid authority.
6. In case such an appeal is filed, the same shall be considered and decided by the Managing Director, Bihar State Food and Civil Supplies Corporation Limited, in accordance with law. The Appellate Authority shall pass a reasoned and speaking order after affording an adequate opportunity of hearing to all the stakeholders, preferably within a period of eight weeks from the date of filing of the appeal.
7. Accordingly, the writ application stands disposed of.
8. Pending application(s), if any, shall stand disposed of.
(Sudhir Singh, J) (Shailendra Singh, J) Anushka/- U