Patna High Court
Ravi Shankar Singh vs The State Of Bihar on 1 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5794 of 2020
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Ravi Shankar Singh, (Male), aged 41 years, S/o Satendra Singh, Resident of
Village-Tilauti, P.O.-Shekhpura, P.S.-Haspura, District-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Government of Bihar,
Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna.
2. The Engineer in Chief, Rural Works Department, Bisheshwaraiya Bhawan,
Bailey Road, Patna.
3. The Chief Engineer, Rural Works Department, Bisheshwaraiya Bhawan,
Bailey Road, Patna.
4. The Superintending Engineer, Rural Works Department, Works Division,
Tekari, District-Gaya.
5. The Executive Engineer, Rural Works Department, Works Division, Tekari,
District-Gaya.
6. The Assistant Engineer, Rural Works Department, Works Division, Tekari,
District-Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate
For the Respondent/s : Ms. Archana Meenakshee ( GP6 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-11-2021
The petitioner has prayed for the following reliefs:-
"For quashing the order dated
27.09.2019 issued under the signature of
Executive Engineer, Rural Works
Department, Works Division, Tekari,
District-Gaya vide memo no. 1504 by
which and where under the petitioner is
debarred from participation in future
tender and be further please to direct the
respondent authority to make available to
Patna High Court CWJC No.5794 of 2020 dt.01-11-2021
land in question, free from any hindrance,
i.e., NOC from North Koyal Canal, so that
the petitioner is able to construct/complete
the work of road and for issuance of any
appropriate writ or writs, order or orders,
direction or directions as your lordships
may deem fit and proper."
Learned counsel for the respondents states that counter
affidavit already stands filed through digital mode. Hard copy
stands supplied in the Court.
From paras 7 and 8 of the counter affidavit, it is clear
that "No Objection Certificate" stands issued by the respondent
department. Further, learned counsel orally states that the
impugned communication dated 27th of September, 2019,
Annexure-7 (page-21), whereby the petitioner is alleged to have
been blacklisted is a mere recommendation and not an order
blacklisting the petitioner.
On the latter aspect, we are not in agreement with the
submission made by the learned counsel as the language of the
impugned communication is unambiguously clear.
The said communication addressed to the petitioner
states that since the petitioner has failed to complete the work he
stands debarred from participating in the next bidding process.
Patna High Court CWJC No.5794 of 2020 dt.01-11-2021
It is brought to our notice that prior to the issuance of
the impugned communication, petitioner was never heard nor any
show cause notice issued.
As such, on this short ground alone, we quash the
impugned communication dated 27th of September, 2019.
As already observed, the Department has also taken
action by issuing "No Objection Certificate".
In the aforesaid terms, petition stands disposed of.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
(P. B. Bajanthri, J)
Vikash/-
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