M/S Tariyani Engicon Private Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19835 of 2025 ====================================================== M/s Tariyani Engicon Private Limited having its registered office at Vill.- Rasulpur, Sayadpur Bazar, Panchayat - Bhikhanpura, Block- Musahri, District- Muzaffarpur Bihar (CIN U45309B2021PTC052107), through its Director Ravindra Kumar Singh, male, aged about 46 years, S/o Harendra Kishore Singh, Resident of Village- Paharpur, P.O. Jahangirpur, P.S.- Shyampur, Distt.- Sheohar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 2.

The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3.

The Engineer in-Chief-Cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

4.

The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna.

5.

The Zonal Chief Engineer, Public Health Engineering Zone, Muzaffarpur. 6.

The Superintending Engineer, Public Health Engineering Circle, Muzaffarpur.

7.

The Executive Engineer, Public Health, Division, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siyaram Pandey, Advocate For the Respondent/s :

Mr. Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 22-01-2026 Following is the relief sought for in the present writ application:- "I.

Writ of Certiorari for quashing/setting aside the letter no. 175 dated 31.07.2025 as contained in memo no. 2634 dated 31.07.2025 issued by the office of the Executive

Patna High Court CWJC No.19835 of 2025(2) dt.22-01-2026 2/3 Engineer, Public Health Division, Darbhanga by which the petitioners are debarred from taking part in any further tender offered by the respondents. II. And/or be pleased to issue a writ in the nature of writ of mandamus or an appropriate writ/writs, order/orders, or direction/directions commanding the respondents to allow the petitioner to continue his work allotted vide an agreement no. SBD-09 of 2024-25 and to take part in any open tender without any hindrance.

III. And/or be pleased to pass such other order/orders which may be deemed fit and proper in the facts and circumstances of the case."

2. The petitioner was debarred from participating in any tender pursuant to the letter dated 31.07.2025 on the ground that he had violated the General Conditions of Contract particularly Clause-3.3 and 4.8.

3. A counter-affidavit has been filed on behalf of Respondent Nos. 1 to 7, wherein the following statement has been made in Para-15:- "15. That the order of debarment is only remain in force for a period till the petitioner did not operate and maintain the scheme properly and no sooner the petitioner starts operating and maintaining the scheme in terms of provision made in the agreement, the order of debarment shall be withdrawn."

4. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.19835 of 2025(2) dt.22-01-2026 3/3 petitioner has already completed the work.

5. Considering the discussions made hereinabove, this Court is of the view that if the petitioner has already completed the work, the respondents are required to act in accordance with the statement made in Para-15 of the counter-affidavit. The matter shall preferably be resolved within a period of four weeks from the date of receipt/production of a copy of this order.

6. With the aforesaid observation, the present writ application stands disposed of.

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

(Sudhir Singh, J) (Ritesh Kumar, J) Sachin/- U