##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18998 of 2025

======================================================

Nand Kishore son of Sri Nagendra Sharma, resident of Mohalla Birla Colony

(C/26), P.S. Phulwari Sharif, District Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Minor Irrigation

Department, Government of Bihar, Patna.

2. The Engineer in Chief, Minor Irrigation Department, Government of Bihar,

Patna.

3. The Chief Engineer (Planning and Monitoring and Geology) cum

Registering Authority, Minor Irrigation Department, Government of Bihar,

Patna.

4. The Chief Engineer, Minor Irrigation Department, Government of Bihar,

Patna.

5. The Superintending Engineer, Minor Irrigation Circle, Patna, Bihar.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan, Advocate

Mr. Shubham Prakash, Advocate

For the Respondent/s : Mr. P.K. Shahi, Advocate General

======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2 28-01-2026 The present writ application has been filed for the

following reliefs:

(i) Quashing of the Office Order No. 45

as contained in Letter NO. 1028 dated 13.10.2025

Patna High Court CWJC No.18998 of 2025(2) dt.28-01-2026

2/4

by which, the Respondent No. 3 without

considering the reply filed by the petitioner and

going beyond the grounds and allegations in the

Show Cause Notice has proceeded to blacklist the

petitioner for a period of 10 years in terms of

Clause 11 (d) (vii) of the Bihar Contractors

Registration Rules, 2007 read with Sub Clause (iv)

of Clause 8 of Order No. 154 dated 18.6.2015

issued by the Road Construction Department,

Government of Bihar.

(ii) Declaration to the effect that the

Order No. 154 dated 18.06.2015 as issued by the

Road Construction Department, Government of

Bihar, Patna is legally unenforceable and could not

lead to any civil consequence in view of the fact

that the same has not been issued and authenticated

in terms of the Rules of Executive business,

Government of Bihar read with Article 166 of the

Constitution of India and further more has not been

published in the Gazette of Bihar; and

(iii) Restraining the Respondents from

giving effect to the Office Order No. 45 as

contained in Letter No. 1028 dated 13.10.2025

during the pendency of the present writ application

and/or the without the leave of this Hon’ble Court.

2. The petitioner has challenged Letter No. 1028 dated

13.10.2025, which has been annexed as Annexure-P/17 to the

writ application. The relevant extract of which is reproduced

hereunder:-

Patna High Court CWJC No.18998 of 2025(2) dt.28-01-2026

3/4

“vr% mijksDr ifjizs{; esa of.kZr ;kstukvksa dh

fufonk esa QthZ vuqHko izek.k i= layXu djus ds dkj.k laosnd

Jh uUn fd”kkjs dks dkyhd`r djus gsrq izkIr izLrko ds vkyksd

esa fcgkj Bhdsnkjh fuca/ku fu;ekoyh] 2007 ds fu;e 11 ¼d½ dh

mi dafMdk (vii) ,oa iFk fuekZ.k foHkkx] fcgkj] iVuk ds vkns”k

la[;k&154 fnukad&18-06-2015 dh dafMdk 08 ds mi dafMdk

04 ds rgr vxys 10 o’kkZsa ds fy;s dkyhd`r fd;k tkrk gSA ”

3. Learned counsel for the State submits that the

petitioner has an alternate remedy available before the

competent authority under Rule 11(?k) of the Bihar Contractor

Registration Rules, 2007, which is extracted hereinbelow:-

11¼?k½ fn;s x;s n.M ds fo:)] laosnd }kjk] rhl

fnuksa ds vUnj vk;qDr ,oa lfpo ds le{k vihy nk;j fd;k

tk ldsxkA ”

4. Considering the fact that an efficacious alternative

remedy is available to the petitioner, this Court is not inclined to

entertain the present writ application on merits.

5. Accordingly, the present writ application is

disposed of with liberty to the petitioner to prefer an appeal in

accordance with Rule 11(?k) of the Bihar Contractor Registration

Rules, 2007, within a period of 30 days from today.

6. The petitioner shall be at liberty to raise all

questions of fact as well as questi