Patna High CourtL.P.A/343/2017disposed

The State Of Bihar And ORS v. M/S Kems Service Limited

2017-11-27The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.343 of 2017 In Civil Writ Jurisdiction Case No.5778 of 2014 ======================================================

1. The State Of Bihar, through the Principal Secretary, Water Resources Department, Bihar, Patna.

2. The Engineer-in-Chief (Central/Middle) Water Resources Department, Bihar, Patna.

3. The Chief Engineer, Water Resources Department, Samastipur.

4. The Executive Engineer, Flood Control Division-I, Jhanjarpur, District- Madhubani.

5. Mr.

Dhirendra Kumar, Former Engineer-in-Chief (Central/Middle), Water Resources Department, Bihar, Patna-15. ... ... Respondents-Appellant/s

Versus

Kems Service Private Limited through its Managing Director, Mr. Mohan Kumar Khandelwal, S/o Sri Durga Prasad Khandelwal, 76 B1/B Maurya Lok Complex, Dak Bunglow Road, P.S. Kotwali, Patna 8001, Bihar. ... ... Petitioner- Respondent/s ====================================================== Appearance :

For the Appellant/s :

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

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-11-2017 Re.: Interlocutory Application No.1293 of 2017 Delay of 145 days in filing of the Letters Patent Appeal is condoned.

Interlocutory Application stands allowed and disposed of. Re.: Letters Patent Appeal No.

Keeping in view the fact that the learned Writ Court has dismissed the writ petition based on the law laid down by the

Patna High Court LPA No.343 of 2017 dt.27-11-2017 2/2 Hon'ble Supreme Court in the case of Kulja Industries Ltd. v. Chief General Manager, W.T. Proj. BSNL, 29013(4) PLJR (SC) 447, on account of the fact that the period for blacklisting was not indicated and there cannot be a blacklisting for indefinite period, we see no reason to interfere with the order. However, if the authorities feel, they are free to proceed in accordance with law with regard to fixing the period of blacklisting after hearing the aggrieved person concerned.

With the aforesaid, the appeal stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2017 Transmission Date