Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13607 of 2021 ====================================================== Dilip Kumar Son of Ram Rakshya Prasad Resident of Baypas, Near Sikshak Sangh Bhawan, P.S. and District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

3.

The Chief Engineer-1, Rural Works Department, Government of Bihar, Patna.

4.

The Superintending Engineer, Rural Works Department, Works Circle, Aurangabad.

5.

The Executive Engineer, Rural Works Department, Works Division, Daudnagar, Distt- Aurangabad.

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

For the Petitioner/s :

Mr. Raj Kishore Prasad, Advocate For the Respondent/s :

Mr. Ravindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 25-03-2022 The matter has been heard via video conferencing.

The petitioner is aggrieved by order dated 8th July, 2021 passed by the Engineer-in-Chief whereby the petitioner has been debarred from participating in any future tender by declaring the petitioner as defaulter in terms of the provisions of the Standard Bidding Document (SBD). Learned counsel for the petitioner submits that he

Patna High Court CWJC No.13607 of 2021(5) dt.25-03-2022 2/2 has already completed the entire work. He further submits that the Executive Engineer after realising his mistake has made a recommendation vide Letter No. 4092 dated 22nd July, 2021 to the Superintending Engineer to remove the name of the petitioner from the list of debarred candidates. However, no action has been taken thereon.

Under such circumstances, we dispose off the writ petition with a direction that in case the petitioner files a fresh representation before the Engineer-in-Chief, respondent no. 2 herein, within two weeks from today, the same shall be disposed off, as per law, within four weeks thereafter. (Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U