M/S Envirotech Infra Structure v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7664 of 2020 ====================================================== M/s Envirotech Infra Structure through its Partner namely Arunabha Deb Chaudhary, Gender-Male, aged about 65 years, Son of Bidhu Bhusan Deo Chaudhary, resident of Bengal Ambuja Commercial Complex, UN-F-22, 1050/1, Survey Park, Kolkata, Police Station- Survey Park in the district of South 24 Pargana, Kolkata (W.B.) ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna 2.
The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna 3.
The Chief Engineer, Public Health Engineering Department, Bhagalpur Zone, Bhagalpur 4.
The Superintending Engineer, Public Health Engineering Circle, Bhagalpur 5.
The Executive Engineer, Public Health Division, Banka in the district of Bhagalpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate Mr. Pankaj Kumar, Advocate For the Respondent/s :
Mr. Arvind Ujjwal, SC-4 Mr. Upendra Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 12-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.
The petitioner has filed the present writ application seeking following reliefs :-
Patna High Court CWJC No.7664 of 2020(13) dt.12-01-2022 2/3 " I.
To quash the office order No. 80 dated 10.06.2020 contained in Memo No.
1799 dated 10.06.2020 issued under the signature of respondent No. 5 i.e. the Executive Engineer, P.H. Division, Banka by which contract agreement vide Agreement No. SBD-03/2018-19 has been cancelled and the amount of earnest money and performance guarantee Rs. 8,74,000/- has been forfeited as well as decision has been taken for recommendation for Black Listing of the petitioner.
II.
Also to direct the respondents to provide 9 months' further time for completion of the remaining work as the petitioner is ready to completed the remaining work within the period of further 9 months.
III.
Also to direct the respondents to not invite the Tender with respect to remaining work allotted to the petitioner through Tender vide Agreement No. SBD03/2018-19. IV.
Also for any other relief/reliefs for which the petitioner is found entitled in the eye of law."
Learned counsel for the petitioner, after some argument, submits that the petitioner's interest shall be sub-
Patna High Court CWJC No.7664 of 2020(13) dt.12-01-2022 3/3 served if the Court permits him to approach the competent authorities raising his grievances as raised in the writ application.
In view of submission as aforesaid, this application stands disposed of with a liberty to the petitioner to approach appropriate authority for redressal of his grievances. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/Sumit/- U