Laxmi Construction And Electricals Works v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11933 of 2016 ===========================================================

1. Laxmi Construction & Electricals Works through it's authorized signatory Namely Chandradeep Singh son of Late Girdhari Singh, having Office at Ward No. 20, House No. 395 Laxmipur, Siwan Road, Police Station- Siwan Sadar, DistrictSiwan. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Housing and Urban Development Department, Government of Bihar, Patna

2. The Principal Secretary, Housing and Urban Development Department, Government of Bihar, Patna.

3. The Executive Officer, Nagar Parishad, Sasaram .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anand Kumar Ojha For the State : Mr. N. H. Khan, SC-1 Mr. Naushaduzzaha, AC to SC 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-02-2017 Heard learned counsel for the petitioner and learned counsel for the State as well as Corporation. In the present case, petitioner is aggrieved by the order dated 2.2.2016 passed by Executive Officer, Sasaram by which a show cause has been issued for forfeiting the security amount, blacklisting the petitioner and debarring him for future tender. The petitioner is a firm. Nagar Parishad, Sasram issued an advertisement for the purposes of stalling high mast light at different places within the area of Nagar Parishad, Sasaram. Petitioner was selected as L-I candidate whereupon the work

Patna High Court CWJC No.11933 of 2016 dt.27-02-2017 order was issued. Accordingly petitioner has installed the high mast light at different places The work was done perfectly and properly. Petitioner has drawn the attention of this Court towards letter no.1623 dated 28.7.2014 but later on it was found that the light which was installed by the petitioner has not been working properly as it appears from letter dated 18.2.2015, 5.2.2015 and 12.11.2015 and for that petitioner was served a show cause vide letter dated 2.2.2016 which the petitioner has replied by filing show cause.

Learned counsel for the petitioner submits that petitioner has repeatedly asking the Nagar Parishad to furnish the details of the high mast light which are not working but no such list has been provided to the petitioner and has informed the Nagar Parishad all defects have been removed and promise wherever there were technical defects would be removed requested to provide list of high mast light has not been working but has not been furnished.

In such view of the matter, petitioner is directed to file a detailed show cause/additional show cause in addition to show cause filed vide letter dated 11.2.2016 and if such show/additional show cause is filed the Executive Officer, Sasaram after giving due notice to the parties will pass order in

Patna High Court CWJC No.11933 of 2016 dt.27-02-2017 accordance with law within a period of three months from the date of receipt of the show cause.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 1.3.2017 Transmission Date