Rohit Raj Construction Pvt. Ltd. Through Its Director Mr. Raj Kumar v. Bihar Medical Service Infrastructure Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3066 of 2020 ====================================================== Rohit Raj Construction Pvt. Ltd. through its Director Mr. Raj Kumar through its Director Mr. Raj Kumar, aged about 34 Year (Male), Son of Sri Chandeshwar Singh, Resident of Mohalla-Chak Kanchanpur, Ward No.1, P.O. and P.S.-Rahimapur, Vaishali, State Bihar-844502 Chak Kanchanpur, P.O.- Rahimpur, Bidupur, Hajipur, District-Vaishali, State-Bihar. ... ... Petitioner/s

Versus

1.

Bihar Medical Services Infrastructure Corporation Ltd. through its Chief Managing Director, 4th Floor, Bihar State Building Construction Corporation Ltd, Hospital Road, Shastri Nagar, Patna-800023. 2.

The Chief Managing Director, Bihar Medical Services Infrastructure Corporation Ltd, 4th Floor, BIhar State Building Construction Corporation Ltd, Hospital Road, Shastri Nagar, Patna-800023. 3.

The Managing Director, Bihar Medical Services Infrastructure Corporation Ltd., 4th Floor, Bihar State Building Construction Corporation Ltd. Hospital Road, Shastri Nagar, Patna-800023.

4.

The General Manager (Project and Design), Bihar Medical Service Infrastructure Corporation Ltd., 4th Floor BIhar State Building Construction Corporation Ltd, Hospital Road, Shastri Nagar, Patna-800023. 5.

The Dy. General Manager (Projects), Bihar Medical Service Infrastructure Corporation Ltd., 4th Floor BIhar State Building Construction Corporation Ltd, Hospital Road, Shastri Nagar, Patna-800023. 6.

The State of Bihar through the Principal Secretary, Health Department, 'Vikash Bhawan' Government of BIhar, Patna.

7.

The Superintendent, Jawaharlal Nehru Medical College and Hospital, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Sahay, Advocate Mr. Anil Kumar Sinha, Advocate For the State :

Mr. Ramadhar Singh, GP-25 Mr. Harendra Kumar, A.C. to G.P. 25 For the B.M.S.I.C.L.

:

Mr. Lalit Kishore, Advocate General Mr. Vikash Kumar, Advocate Mr. Piyush Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-09-2022

2/4 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- We notice that vide impugned order dated 09.07.2019 (Annexure-10, Page 40), petitioner stands debarred for not having completed the work allotted in terms of agreement executed in the year 2018-19. The work was for construction of boundary wall at Jawahar Lal Nehru Medical College & Hospital, Bhagalpur.

Learned counsel for the petitioner states that the petitioner has already completed the work and this was despite

3/4 the site not being handed over in time, which is evident from the communication dated 10.08.2019 (Annexure-6, Page 34). The Superintendent of the hospital had directed the Deputy General Manager of BMSICL to hand over possession of the land in question over which the boundary wall was to be constructed. Be that as it may, if the statement of the petitioner is accepted to be correct, then obviously the order of debarment i.e., order dated 09.07.2009 (Annexure- 10) would lose its efficacy.

Learned counsel for the petitioner states that till and so long the order is in place and not formally recalled, the respondents are not allowing the petitioner to participate in any one of the works.

Well, there is nothing on record to establish such fact, but, be that as it may, let the petitioner approach Respondent No.2, namely the Chief Managing Director, Bihar Medical Services Infrastructure Corporation Ltd, 4th Floor, Bihar State Building Construction Corporation Ltd, Hospital Road, Shastri Nagar, Patna-800023 pointing out the grievances, if any, who shall, after accounting for all the attending facts and circumstances, take an appropriate action, including passing a fresh order or recalling the order dated 09.07.2019 (Annexure-

4/4 10). This would obviously be done accounting for all the facts and circumstances, as would be placed on record. Needful be positively done within a period of two months from the date of receipt of such request. The present petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 23.09.2022 Transmission Date