Baba Debraha Enterprises v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7310 of 2023 ====================================================== Baba Debraha Enterprises 62G, Khesra No. 2469, Gandhi Nagar, Ashiyana, Patna, Bihar 800025 through its Authorized Signatory Rakesh Ranjan, aged about 44 years, Male, Son of Sri Bhupendra Prasad Yadav, at present residing at 62G, Khesra No. 2469, Gandhi Nagar, Ashiyana, District Patna, Bihar 800025. Permanent Resident of Jagjeevan Path, P.S. Madhepura, DistrictMadhepura, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Industry, Government of Bihar, Patna.

2.

The Infrastructure Development Authority (A Govt. of Bihar Undertaking) 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna through its Managing Director.

3.

The Managing Director, Infrastructure Development Authority (A Govt. of Bihar Undertaking) 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna. 4.

The Director, (Programme Implementation),Infrastructure Development Authority (A Govt. of Bihar Undertaking) 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna.

5.

The Superintending of Police, District- Hajipur, Vaishali, Bihar. 6.

The Executive Engineer (Technical), Infrastructure Development Authority (A Govt. of Bihar Undertaking) 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna.

7.

The Officer-In-Charge, Industrial Area Police Station, District Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Ranjan For the Respondent/s :

Mr. Gyan Prakash Ojha (GA-7) :

Mr. Abhishek Singh (AC to GA-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 01-08-2023 IA. No. 01 of 2023 For the reasons stated in the application and affidavit I.A no. 01 of 2023 stands allowed.

Patna High Court CWJC No.7310 of 2023(8) dt.01-08-2023 2/3 CWJC No. 7310 of 2023

2. In the instant petition, the petitioner has prayed for following relief(s):- "(i) Quashing of the ex-parte Order dated 26.12.2022 contained in Memo No. 4855 (Annexure 3) by which without issuing a Show Cause Notice, a penalty of Rs.

5,00,000/- (being 1% of the Agreement Value) has been imposed as liquidated damages in terms of Clause 2 of the General Conditions of Contract under the Standard Bidding Document and directed to be adjusted from the future bill;

(ii) Quashing of the Notice to Show Cause contained in Letter No.

1185/Tech dated 10.02.2023 issued by the Executive Engineer (Technical) contemplating the action of imposition of further penalty and debarment;

(iii)Direction upon the Respondent Managing Director to consider and dispose off by a reasoned and speaking order the representation contained in Letter No. BDE/22-23/146 dated 17.03.2023 on an early basis; and (iv) Restraining the Respondents from taking any coercive action in connection with Agreement No.

28/SBD/2022-23 during the pendency of the present writ

Patna High Court CWJC No.7310 of 2023(8) dt.01-08-2023 3/3 application and/or without the leave of this Hon'ble Court."

2. Learned counsel for the petitioner submitted that the present matter is covered by earlier decision of this Court passed in CWJC No. 3241 of 2020 decided on 21.04.2023.

3. The aforementioned submission on behalf of the petitioner is not disputed by the learned counsel for the respondents.

4. Therefore, the present petition stands allowed in terms of the order passed in CWJC No. 3241 of 2020 decided on 21.04.2023 and the impugned order dated 26.12.2022, contained in Memo No. 4855 and Letter No. 1185/Tech dated 10.02.2023, issued by the Executive Engineer (Technical) is set aside. The concerned respondent is at liberty to take fresh steps in accordance with law after giving ample opportunity of hearing to the petitioner.

5. With the above observation, the present petition stands allowed.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) Amrendra/ramesh U