Sudhir Singh, ACJ. – Heard learned counsel for the parties.

2. The present writ application has been filed for the following reliefs: –

“A. For quashing of the office order No. 229/ 2023 dt 22.06.2023 as contained in Memo No.HQ2203 by which the Respondent Chief Engineer (Respondent No.2) has imposed a penalty upon M/S Universal Agro Corporation Ltd. of Blacklisting the firm for indefinite period on an allegation of furnishing a forged experience certificate alongwith the bid document/ paper.

B. And further for quashing of the Appellate Authority order dated 13.12.2023 bearing Memo No.HQ4601 by which the Appeal filed by this petitioner was rejected but the indefinite period which had already been modified for 5 years Blacklisting vide Memo No.2288 dated 3.7.2023, has been affirmed and also the Blacklisting has been extended to all other organizations/ corporation/ Departments/institutions etc.

The above punishment taken against the petitioner firm on a already expired bid. The E-Tender Notice No.05/SBD/2022-23 lost its validity on 17.9.2022 (120 days as per the bid notification), and therefore the E- Tender notice dated 18.5.2022 become infructuous notification inviting tender.

C. For grant of any other relief/reliefs for which the petitioner is legally entitled to the facts and circumstances of the case.”

3. The present writ application arises out of E-Tender Notice No. 05/SBD/2022-23 dated 18.05.2022 issued by the Bihar Police Building Construction Corporation for construction of Police Station Buildings in different districts of the State of Bihar. The petitioner participated in the tender process in respect of Group No. 19.

4. As per Clause 8 of the NIT, the bid validity was prescribed for a period of 120 days. The original schedule for submission and opening of the bids was subsequently modified by corrigenda dated 23.06.2022 and 28.06.2022. The last date for submission of the bids was extended up to 21.07.2022 and the technical bid was scheduled to be opened on 22.07.2022. The corrigenda further provided that the remaining conditions of the tender would remain unchanged.

5. On 12.01.2023, the respondent-Corporation sent an email to the petitioner requesting extension of the bid validity up to 31.03.2023, with a stipulation that in case of failure to extend the bid validity, the tender would not be considered. The petitioner did not furnish its consent for such extension.

6. The technical bid relating to Group No. 19 was thereafter opened on 13.04.2023 before the Technical Evaluation Committee. The bid submitted by the petitioner was rejected in the technical evaluation. Subsequently, on verification of the documents submitted by the petitioner with the bid, one of the experience certificates was reported to be not genuine. In connection therewith, Hawai Adda P.S. Case No. 96 of 2023 was registered under Sections 467, 468, 471, 420, 120- B and 511 of the Indian Penal Code.

7. Thereafter, the Chief Engineer of the respondent- Corporation passed Memo No. HQ2203 dated 22.06.2023, whereby the petitioner-firm was blacklisted for an indefinite period under the Bihar Contractors Registration Rules, 2007. The said order was subsequently modified by Memo No. HQ2288 dated 03.07.2023, whereby the period of blacklisting was fixed at five years with retrospective effect from 21.07.2022.

8. The petitioner preferred an appeal against the aforesaid orders. The appeal was rejected by the Appellate Authority vide Memo No. HQ4601 dated 13.12.2023. By the said order, the blacklisting was also extended to other organisations, corporations, departments and institutions.

9. The petitioner had earlier challenged the aforesaid orders in C.W.J.C. No. 18160 of 2024. The said writ application was permitted to be withdrawn vide order dated 07.05.2025 with liberty to the petitioner to agitate its claim before any other appropriate forum. Thereafter, the petitioner submitted a representation dated 07.10.2025 before the Additional Chief Secretary, Department of Hom