Ramnan Construction Company Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14525 of 2016 ====================================================== Ramnan Construction Company Pvt. Ltd. Through its Managing Director Mr. Ram Nandan Prasad Singh, Son of Late Brahmdeo Singh Resident of village+ P.O. Mohanpur Via Rajaura, P.S. Muffassil Thana, Begusarai, District Begusarai At Present Resident of Mohalla - Lohia Nagar, P.O. Suhird Nagar, P.S. Town Thana, District Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar "Sinchai Bhawan", Patna-15 2.

The Engineer - in - Chief (Sinchai Srijan), Water Resources Department, Sinchai Bhawan, Patna 15 3.

The Engineer - in - Chief (Head Quarter), Water Resources Department, Sinchai Bhawan, Patna 15 4.

The Chief Engineer, (Sinchai Srijan), Water Resources Department, Sinchai Bhawan, Bhagalpur 5.

The Superintending Engineer, Water Resources Department, Flood Control, Planning and Monitoring Circle, Patna 6.

The Superintending Engineer, Water Resources Department, Flying Squad Circle 01, Patna 7.

The Executive Engineer, Water Resources Department, Flood Control Division, Navgachia, Bhagalpur 8.

The Executive Engineer, Water Resources Department, Flying Squad Division 3, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Sahay, Advocate For the Respondent/s :

Mr.Harish Kumar-GP8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-12-2020 Heard both sides.

The petitioner filed this writ petition for quashing the notice issued for blacklisting the petitioner and during the pendency of this writ petition, the petitioner has been blacklisted. The petitioner also challenged the order blacklisting

Patna High Court CWJC No.14525 of 2016(3) dt.08-12-2020 2/2 him under the Bihar Contractors Enlistment Rules, 2007. Rule 11(d) of the aforesaid rules provides appeal before the Principal Secretary of the Department.

Learned counsel for the petitioner submits that he may be permitted to withdraw this writ petition with liberty to file appeal before the Principal Secretary.

Mr. Harish Kumar, learned G.P.8 did not object and submits that there is efficacious and alternative remedy. Having considered the submissions of both sides, this writ petition is disposed of as withdrawn with liberty to the petitioner to file the appeal before the Principal Secretary, Water Resources Department, Govt. of Bihar within 30 days from the date of receipt of this order and the Principal Secretary, after the appeal being filed, shall consider the same on its merit without unsuiting the petitioner on the ground of limitation. (Prabhat Kumar Jha, J) Saurabh/- U