M/S Kalyani Construction v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23194 of 2019 ====================================================== M/s Kalyani Construction through its Proprietor Shiv Shankar Prasad Singh, Male, aged about 62 years, S/o Maheshwari Prasad Singh, resident of Mohalla- Near Rajendra Ashram, New Area, Bisar Talab, Gaya, P.s.- Civil Lines, Distt.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Govt. of Bihar, Rural Works Department, Bisheshwariya Bhawan, Bailey Road, Patna 2.

The Principal Secretary, Govt. of Bihar, Rural Works Department, Bisheshwariya Bhawan, Bailey Road, Patna 3.

The Engineer in Chief Rural Works Department, Bisheshwariya Bhawan, Bailey Road, Patna 4.

The Chief Engineer-1 Rural Works Department, Bisheshwariya Bhawan, Bailey Road, Patna 5.

The Superintending Engineer Rural Works Department, Works Division Tekari, Distt.- Gaya 6.

The Executive Engineer Rural Works Department, Works Division Tekari, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar Sinha For the Respondent/s :

Mr. Kumar Alok (SC7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-02-2020 Though the petitioner had filed this case for quashing of the general order / notice dated 13.09.2019 passed by the Secretary, Rural Works Department, Government of Bihar, Patna, asking all the Engineers to debar such contractors on the spot whose work is not found to be satisfactory and give a direction to them to make amends within a stipulated period of time and also

Patna High Court CWJC No.23194 of 2019(2) dt.06-02-2020 2/3 issue notice to them for their black-listing. However, since the order / notice referred to above stands withdrawn, the petitioner does not press the aforesaid prayer.

Pursuant to the aforesaid notice, the work of the petitioner was not found to be satisfactory and therefore he was asked to make amends within a particular period of time.

It is the claim of the petitioner that the necessary repair work has been carried out by the petitioner but no decision has yet has been taken by the concerned authority.

Under the aforesaid circumstances, the petitioner is directed to make a representation before the Executive Engineer, Rural Works Department, Work Division, Gaya (Respondent No. 6), intimating him about his having rectified the deficiency in the execution of the work and if the claim of the petitioner is found to be correct, then the concerned respondent shall pass /

Patna High Court CWJC No.23194 of 2019(2) dt.06-02-2020 3/3 caused to be passed necessary order in accordance with law, within a reasonable period of time.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U