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Patna High CourtCWJC/2232/2021dismissed

Devendra Kumar Yadav v. The State Of Bhiar

2021-12-10Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2232 of 2021 ====================================================== Devendra Kumar Yadav Son of Bindeshwar Rai Resident of village Nimahi P.S Bajpatti P.O. Pachra, District Sitamarhi. ... ... Petitioner/s

Versus

1.

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

2.

Superintendent Engineering Rural Works Development Department, Sitamarhi.

3.

Executive Engineer Rural Works Development Department, Sitamarhi. 4.

Sub Divisional Engineer Rural Works Development Department, Sitamarhi. 5.

Assistant Engineer Rural Works Development Department, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Satya Vrat, AC to GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 10-12-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

The petitioner has put to challenge a communication dated 08.09.2020 issued by the Executive Engineer, Rural Works Department, Works Division, Sitamarhi, whereby, for not executing the work by the petitioner in accordance with the agreement entered into between the petitioner and the Department, a recommendation has been made for the

Patna High Court CWJC No.2232 of 2021(4) dt.10-12-2021 2/2 petitioner's debarment from future contract.

In our opinion, this writ application to the extent the same puts to challenge the recommendation for debarment as contained in the communication dated 08.09.2020 is premature and is accordingly dismissed.

As regards other aspect, it goes without saying that if any dispute arises between the parties to the agreement of a contract, either of them shall be at liberty to invoke grievance redressal mechanism as provided under the agreement or any other law for the time being in force.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Rajesh/- U