High CourtsSingle Bench(2025) 09 PAT CK 0786

Gaya Nath Ram vs State Of Bihar and Ors

Patna High Court · Decided on 23 September 2025

HON’BLE JUDGES
Harish Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No.11105 of 2025

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Judgment

8 paragraphs · 245 words

P. B. Bajanthri, ACJ

1.

In the instant writ petition, petitioner has prayed for the following relief(s):

“a.) For issuance of Writ in nature of Certiorari quashing the Letter No.1236 dated 28.04.2025 passed by Respondent No.2, wherein the Petitioner Company has been debarred from Supplying materials (cables) to SBPDCL for next five years.

b.) For any other relief or reliefs which the petitioners may be found entitled to in the facts and circumstances of the case.”

2.

Perusal of Annexure-P/6 dated 28.04.2025, it is a crystal clear that the petitioner has not been heard in the form of issuance of show cause notice and receipt of reply. Impugned decision has a civil consequences on the petitioner. Therefore, petitioner is entitled to show cause notice and other formalities before passing any adverse order.

3.

In the light of these facts and circumstances, the petitioner has made out a case so as to interfere with the communication dated 28.04.2025 (Annexure-P/6) and it is set aside. Respondents are at liberty to initiate a fresh proceeding by issuing show cause notice and seeking petitioner’s explanation. On receipt of petitioner’s explanation, proceed to pass a detailed and speaking order after due consideration of each of the contention to be raised against the show cause notice. The above exercise shall be completed within a period of four months from the date of receipt of this order.

4.

Accordingly, writ petition stands allowed.

5.

Pending Interlocutory Application(s), if any, stands disposed of.