IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15189 of 2025 ======================================================

Soni Jha W/o Sri Mrityunjay Jha, R/o Kabilpur, Rampur Madan, PS Laheriyasarai, PS Bahadurpur, Dist. Darbhanga 84600, Adhar 262761976028, Mob 8789090226. ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Urban housing and development Department, Bihar, Vikas Bhawan, Bailey Road, Patna 1.

urbansec-bih@nic.in

2. The District Magistrate, Darbhanga. dm-darbhanga.bih@nic.in

3. The Minicipal Commissioner, Darbhanga Nagar Nigam, Darbhnaga. E darbhanga.ulb@gmail.com ddc-darbhanga.bih@nic.in adm.darbhanga@gmail.com

4. The Executing Engineer, Nagar Vikas Division cum Darbhanga Nagar Nigam, Darbhanga.

5. The Assistant Engineer, Nagar Vikas Division cum Darbhanga Nagar Nigam, Darbhanga. ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sanjay Jha, Advocate For the Respondent/s : Mr. Standing Counsel-28 For the DMC : Mr. Bindhyachal Rai, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5 12-02-2026 Heard learned counsel for the parties.

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

“i. For quash the order letter No.1316 dt-

26.04.2025 by which the petitioner is debarred to participate in any tender and restore the work order no-858 dt-09.03.24 which is only due to delay of work agreement by the petitioner because petitioner's Sasur(Old Father In Law) became PATIENT of Cancer and hospitalized in Medanta Hospital at Patna.

ii. For direction to the respondents to execute the agreement of awarded / allotted work to the petitioner vide work order no-858 dt-

09.03.2024.

iii. For Further restraining the respondents to retender for the same work at high rate to settle the tender to choice bidder under hidden agenda only for undue advantages.

iv. For granting any other relief/s for which the petitioner be found entitled in the eye of law.”

3. The brief facts of the case are that the respondents issued tender for construction of a road and Nala in Ward no-41 and another Nala and Link Road construction work in Bakarganj Muhalla in Darbhanga district. The petitioner was found qualified, and was awarded work for the same. The respondents invited the petitioner to execute the work agreement and deposit the security amount vide letters dated 12.08.2024 and 16.12.2024. However, the petitioner could not deposit the security amount and execute the agreement. It has been alleged that the respondents knowingly passed the impugned order debarring the petitioner, cancelling the work order and forfeiting the security amount vide Letter No. 1316 dated 26.04.2025 in a hot-haste manner, without giving sufficient opportunity to the petitioner to submit his reply. Being aggrieved by the said order, the present writ petition has been preferred before this Court.

4. Learned Counsel for the petitioner submits that the petitioner could not deposit the security deposit and could not execute the agreement because petitioner's father-in-law became cancer patient and was hospitalized. It was further submitted that the impugned action of the respondent authority in debarring the petitioner and cancelling the work order is in violation of Principles of Natural Justice as respondents have not given sufficient opportunity to petitioner to reply.

5. Learned counsels for the respondent submit that sufficient opportunity was afforded to the petitioner to respond, but no compliance was made on the part of petitioner which reflects his unwillingness to perform, and therefore, the action taken by the respondent authority is justified and reasonable.

6. The limited question that arises for consideration is, whether, in the facts and circumstances of the present case, any interference is