Anil Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19850 of 2015 ====================================================== Anil Kumar Singh Son of Late Indrajeet Singh, Resident of Mohalla - Santoshi Maa Path, Gourakshni, Road No. 11(C) P.O. Sasaram, P.S. - Sasaram, District - Rohtas, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Govt. of Bihar, Vishesvaraya Bhawan, Patna.

2.

The Engineer-in-Chief Rural Works Department, Govt. of Bihar, Vishesvaraya Bhawan, Patna.

3.

The Chief Engineer- 1, Rural works Department, Govt. of Bihar, Vishesvaraya Bhawan, Patna.

4.

The Superintending Engineer, Rural Works Department Sasaram Circle, Near Takiya Rerihary Gumti, Sasaram, Rohtas.

5.

The Executive Engineer, Rural Works Department, Division - II, Gourakshani, P.O. P.s. - Sasaram, District - Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Jai Shankar Barnawal, GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 04-07-2023 None appears for the petitioner.

2. Matter is of the year 2015.

3. In the instant petition, petitioner has prayed for the following relief(s):- "1. That the instant writ application has been filed for issuance of writ of Mandamus/ direction(s) to the respondent No. 5 for stay the operation of illegal black listing proceeding vide letter No. 849 dated 01.10.2015, illegal recovery order vide letter

Patna High Court CWJC No.19850 of 2015(3) dt.04-07-2023 2/3 No. 847 dated 29.11.2014 for Rs. 8,26,948/- and illegal Agreement rescinding and forfeiture order of the Security deposits and earnest money Rs. 4,03,452/- and its 4% Interest vide letter No. 579 dated 30.08.2013 (Annexure-1 Series).

The aforesaid illegal act of respondent No. 5 directly interferes the proceeding of Bihar Public Works Contracts Disputes Arbitration Tribunal, Patna (hereinafter refer as BPWCDAT) and also effects the fate of the case which is pending in the Hon'ble Tribunal Vide Ref. Case No. 157/2014 (Annexure-5). In the said Ref. Case respondent No. 5 is knowingly not filing his reply. Only the dates are being fixed for reply but in absence of respondents reply, further proceeding is lingering.

Therefore, the operation of the impugned Annexure-1 series may be stayed or quashed in the interest of Justice. In similarly situated case vide C.W.J.C. No. 4009/2015 (Annexure-3) the impugned order of such recovery had been stayed by the Hon'ble Court on 09.04.2015."

4. Perusal of the records, it is evident that petitioner has not been heard in the matter in the form of specific notice insofar as impugned actions vide letter No. 849 dated 01.10.2015. On this short ground, impugned action of the respondent stands set aside, reserving liberty to the official respondent to proceed, in accordance with law like issuance of a detailed specific show cause notice and receipt of petitioner's explanation, if any. Thereafter, proceed to pass a speaking order and communicate the decision to the petitioner. Competent Authority is requested to take note of various judicial pronouncements on the issue including latest decision viz., Isolators and Isolators through its Proprietor Mrs. Sandhya Mishra vs. Madhya Pradesh Madhya Kshetra

Patna High Court CWJC No.19850 of 2015(3) dt.04-07-2023 3/3 Vidyut Vitran Co. Ltd. and Anr, reported in 2023 SCC Online SC 444.

5. The above exercise shall be completed within a period of four months from today.

(P. B. Bajanthri, J) (Jitendra Kumar, J) shoaib/- U