M/S Maa Bindhyavasini Construction v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1091 of 2023 ====================================================== M/S Maa Bindhyavasini Construction through Santosh Kumar (M) aged about 45 years, son of Late Srikant Choudhary, resident of Patel Chowk, Gachhi Tola, Station Road,Ballia, P.O. Lakhminiya P.S. Ballia, District Begusarai.

... ... Petitioner/s

Versus

1.

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

The Engineer in Chief cum Special Secretary, Public Health Engineering Department, Bihar, Patna.

3.

The Chief Engineer, Public Health Engineering Department, Muzaffarpur Region, Muzaffarpur.

4.

The Superintending Engineer, Public Health Engineering Department Darbhanga Circle, Darbhanga.

5.

The Executive Engineer, Public Health Division, Darbhanga. 6.

The Assistant Engineer, Public Health Sub-Division, Benipur District Darbhanga.

7.

The Junior Engineer, Public Health Section, Biraul-2, District Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harsh Anuj, Advocate For the Respondent/s :

Mr.Arvind Ujjwal ( SC- 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 17-03-2023 In the instant writ petition, petitioner has prayed for the following reliefs;- " For issuance of an appropriate writs, orders or directions to the respondents to dispose off the statutory appeal dated 20.10.2022 pending before the Respondent no. 3 in connection with Agreement No. SBD01/2018-19 which is against the order

Patna High Court CWJC No.1091 of 2023(3) dt.17-03-2023 2/2 passed by the Respondent no. 4 vide Memo No. 325 dated 14.05.2022 by this very order the Respondent no. 4 confirmed the order dated 18.11.2021 issued vide Memo no. 335 of the Respondent no. 5 since in keeping the pendency of the statutory appeal, the petitioner lost his right to participate in future BID in view of the order dated 18.11.2021 by which petitioner was debarred to participate in future bid."

Learned counsel for the respondent on instruction submitted that appeal is pending consideration even to this day. In the light of these facts and circumstances, the concerned respondent- appellate authority is hereby directed to decide the petitioners appeal within a period of four weeks from the date of receipt of this order.

Accordingly, the present writ petition stands disposed of .

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) N.K/- U