M/S Seema Construction v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10559 of 2020 ====================================================== M/S Seema Construction through its proprietor Bimlesh Kumar Choudhary (Male) aged about 55 years son of Krishna Kant Choudhary, resident of Village and P.O.- Panchobh, Police Station- Bishanpur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Chief Engineer, Rural Work Department, Government of Bihar, Patna. 4.

The Superintending Engineer, Rural Work Department, Work Circle, Darbhanga.

5.

The Executive Engineer, Rural Work Department, Work Division- 1, Darbhanga.

6.

The Executive Engineer, Rural Work Department, Work Division- 2, Darbhanga.

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

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Advocate For the Respondent/s :

Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-11-2021 Petitioner has prayed for the following relief/s : "For the issuance of a writ of mandamus commanding the respondent concern with direction to hold the petitioner free from debar from the date

Patna High Court CWJC No.10559 of 2020(3) dt.29-11-2021 2/3 it was imposed admittedly in wrong under some mistaken fact by a letter issued from the office of the Engineer in Chief, Rural Work Department, State of Bihar, Patna vide memo no. 7829 dated 3.7.2017 with further direction to remove his name from Sl. 1448 of the debar list enclosed with the aforesaid letter.

B. For issuance of writ of certiorari to quash the letter of the Superintending Engineer, Rural Work Department, Work Circle, Darbhanga issued vide memo no. 1915 dated 1.9.2020 (Annexure-) and also to quash the letters of the Chief Engineer, Rural Work Department, Bihar, Patna issued vide memo no. 7273 (Annexure-) and 7274 (Annexure-) both dated 2.9.2020 by which inspite of being successful in technical bid and best one in commercial bid the respondent authorities mentioned above have declined to allot all the aforesaid three tenders to the petitioner saying the reason that petitioner has been placed under the debarred list mentioned above.

C. For the issuance of a appropriate writ/writs order/orders or direction/directions as your Lordships may deem fit and proper under the facts and circumstances of this case."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Permission granted.

The petition stands dismissed as withdrawn.

Patna High Court CWJC No.10559 of 2020(3) dt.29-11-2021 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sanjay U