M/S Alectra Construction Ltd. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1054 of 2020 ====================================================== M/s Alectra Construction Ltd. through its director, Shri Dhananjay Kumar, S/o Sri Anil Kumar Singh, Sex- male, Aged about 39 years, having its registered office at Ward No. 3, New Colony, Dharampur, Samastipur848101. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Water Resource Department, Govt. of Bihar, Sichayee Bhawan, Patna. 2.
The Joint Secretary, Water Resource Department, Govt. of Bihar, Sichayee Bhawan, Patna.
3.
The Engineer-in-Chief, Water Resources Department, Bihar, Sichayee Bhawan, Patna.
4.
The Chief Engineer, Water Resources Department, Sichayee Bhawan, Patna. 5.
The Chief Engineer, WRD, Flood Control and Drainage, Samastipur. 6.
The Superintendent Engineer, Flood Control Circle, Samastipur. 7.
The Executive Engineer, Flood Control Division, Rosera, Distt. Samastipur. 8.
The Assistant Engineer, Flood Control Sub-Division, Rosera, Distt. Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Rashmi, Adv Mr. Suresh Pd. Singh No. 1, Adv For the Respondent/s :
Mr.Vinay Kriti Singh ( GA2 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR
2/5 ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-09-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):- Our attention is being invited to the order dated 15.09.2021, passed by the Appellate Authority whereby the order dated 08.03.2021 passed by the competent authority debarring the petitioner stands quashed and set aside. The order
3/5 passed by the Appellate Authority is Annexure-S/17, which has been quoted hereiunder:-
4/5 We are informed that the petitioner has preferred petition before the Tribunal constituted under the provisions of the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008. It is prayed that the hearing of the said petition be expedited.
State cannot have any objection to the same.
It is a matter of record that post recession of the petitioner's contract which was in the year-2019, certain amount
5/5 deposited by the petitioner as security amount also stands forfeited. It is also alleged that prior to the allotment of work to 3rd party, no measurements were taken nor account of the petitioner was settled.
Well, all these are issues, which are pending consideration before the Tribunal and can be best adjudicated by the final fact finding adjudicatory authority. As prayed for, the petition is disposed of with direction to the Tribunal to expedite hearing in the petitioner's application and have the same decided within a period of six months from the date of placing of the order passed by this Court. Needless to add, the Tribunal shall also account for the order passed by the Appellate Authority vide memo no. 3003 dated 16.09.2017 (Annexure-S/17).
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA