Ak-Sks (Jv) v. Bihar Rajya Pul Nirman Nigam Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17956 of 2023 ====================================================== AK-SKS (JV) through its one of the lead partner Mr. Alok Kumar, Aged about 36 Years, (Male), son of Sri Vinay Kumar Sinha, Mohalla - Vijay Nagar, F-40, Kankarbagh, P.S- Patrakar Nagar, P.O- Lohia Nagar, District- Patna, Pin800020. ... ... Petitioner/s

Versus

1.

Bihar Rajya Pul Nirman Nigam Limited (A unit of Govt. of Bihar) through its Managing Director, 7, Sardar Patel Marg, Patna-800015. 2.

The Managing Director, Bihar Rajya Pul Nirman Nigam Limited (A unit of Govt. of Bihar), 7, Sardar Patel Marg, Patna-800015. 3.

The Deputy Chief Engineer-1, Bihar Rajya Pul Nirman Nigam Limited (A unit of Govt. of Bihar), 7, Sardar Patel Marg, Patna - 800015. 4.

The Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Limited (A unit of Govt. of Bihar), Works Division, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Sahay, Advocate Mr.Kumar Sinha, Advocate Mr.Rajeev Kumar Singh, Advocate Mr.Mukesh Kumar Yadav, Advocate For the Respondent/s :

Mr.P.K. Shahi, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-01-2024 Annexure- P-7, is an order by which the petitioner has been debarred from participating in any other tender till the completion of the present work. Admittedly, no notice was issued before the order was passed. We are unhappy with the manner in which the restriction has been made, till the completion of a work; which is unheard of.

2. In any event, since no notice has been issued, we

Patna High Court CWJC No.17956 of 2023(2) dt.05-01-2024 2/2 set aside the order at Annexure- P7 and direct a notice to be issued with clear statement of allegations and an opportunity afforded for filing a reply within a period of two weeks from the date of receipt of the notice. After the reply is received, a further notice shall be issued affording an opportunity of personal hearing. The matter shall be heard and considered in accordance with law and a speaking order passed.

3. The writ petition stands disposed of.

(K. Vinod Chandran, CJ) ( Rajiv Roy, J) Anushka/- U