Arju Construction Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19208 of 2016 ====================================================== Arju Construction Pvt. Ltd. Son of Sri Baldeo Singh resident of Mohalla - Ramkrishna Nagar, P.S. - Ramkrishna Nagar, District - Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Road Construction Department, Govt. of Bihar, Patna. 3.

The Engineer-in-chief -cum- Additional Commissioner -cum- Special Secretary Road Construction Department 4.

The Executive Engineer, Rural Works Department, Works Division, Rajgir, Nalanda.

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

For the Petitioner/s :

Mr. Prabhu Nath Pathak, Advocate For the Respondent/s :

Mr. Manoj Kr. Ambastha-SC26 Mr. Tripurari Nath Ambastha, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 09-05-2023 In the instant writ petition, petitioner has prayed for the following relief(s):- "1. That by this application, the Petitioner is invoking the writ jurisdiction of this Hon'ble Court in the nature of writ of certiorari for quashing letter No. 7567 (E) dated 22.06.2016 issued by the Engineer-inChief, Rural Works Department, Bihar, Patna by which the Petitioner has been debarred from tender work and declared as a defaulter, resulting depriving from further participation in tender work for the reason of not completing the work, namely, construction of CD work from Banauli L031 to Tetariya and Giriyak under PMGSY at the schedule time,

Patna High Court CWJC No.19208 of 2016(2) dt.09-05-2023 2/3 which is misconceived on fact since the aforesaid tender work Banauli L031 to Tetariya was completed as per specification on 23 July, 2016, even then, no payment was made against the work done to the Petitioner till yet and the Petitioner has no concern with the tender work of N.H. 31 Giriyak to Mahamadpur. No opportunity of showing case was given to the Petitioner before issuing letter No. 7567 (E) dated 22-06-2016 by the Engineer-in-Chief by which the Petitioner has been debarred from tender work, which is wholly unsustainable on fact and in law."

02. Undisputedly, the petitioner has not executed work within the time limit. It is stated that he has completed the work beyond the impugned debarment order dated 22.06.2016. In the event of any policy of the Government for deletion of name of the contractor, who has been debarred on completion of work, the same shall be taken note of read with petitioner's representation. The concerned Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna is hereby directed to take note of the later events read with the petitioner's representation as to whether petitioner's name could be deleted from debar list or not?

03. Further, we noticed that Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna proceeded to debar hundreds of contractors at one go. In other words,

Patna High Court CWJC No.19208 of 2016(2) dt.09-05-2023 3/3 contractors have not been heard before their debarment.

04. Therefore, we are of view that the petitioner has made out a case so as to interfere with the debarment order dated 22.06.2016 insofar as petitioner is concerned and it is set aside, reserving liberty to the concerned respondent to proceed in accordance with law. The concerned respondent is hereby directed to take note of later development insofar as completion of work before taking any further action against the petitioner.

05. Accordingly, the writ petition stands disposed of. (P. B. Bajanthri, J) (Arun Kumar Jha, J) Ashish/- himanshu/- U