Patna High Court
M/S Rehanam Construction Pvt. Ltd vs The State Of Bihar on 11 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10673 of 2022
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M/s Rehanam Construction Pvt. Ltd. through its Managing Director, Md.
Tashim, 314B, Ashoka Palace, Exhibition Road, Patna-1.
... ... Petitioner/s
Versus
1. The State of Bihar through Chairman cum Managing Director, Bihar Police
Building Construction Corporation, Kautilya Nagar, Patna-14.
2. The Chief Engineer, Bihar Police Building Construction Corporation,
Kautilya Nagar, Patna-14.
3. The Executive Engineer, Bihar Police Building Construction Corporation,
Kautilya Nagar, Patna-14.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Singh, Advocate
For the Respondent/s : Mr.Prasoon Sinha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 11-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"I. For quashing the Debarment order no.
145(Anu.) dt. 21.05.2021 passed by the respondent no. 3,
and confirmed by the Chief Engineer order no. H.O.-2159
dt. 16.07.21 despite the petitioner had completed 99% on
24.04.2019 as per the work status report of the Ex.
Engineer and now handed over the total 100% work to the
respondents. Hence the impugned debar order may be
quashed.
II. For restraining the respondents for holding
the impugned order to be influenced with malice and
prejudiced to impose the others penalty as at one hand he
will disqualify the bid and cancel the tender of petitioner
company. Hence the impugned order is patently illegal, bad
and influenced with malafide just to ruin the petitioner and
cause hardship against mandates of Art. 19 of the
Constitution of India.
Patna High Court CWJC No.10673 of 2022 dt.11-08-2022
III. For granting any other relief/relief for
which the petitioner is entitle."
Vide impugned order dated 21st of May, 2021
petitioner stands debarred from participating in other works of
the respondent corporation, namely, Bihar Police Building
Construction Corporation.
Perusal of the order indicates that the order passed is
interregnum in nature awaiting passing of final order.
Learned counsel for the petitioner states that post
issuance of impugned order dated 21st of May 2021 (Annexure-6
page 22), no other and further orders stands passed by the
authority.
Under these circumstances, we dispose of the petition
with the direction to respondent no. 3, namely, The Executive
Engineer, Bihar Police Building Construction Corporation,
Kautilya Nagar, Patna-14 to pass final order accounting for all
the circumstances, including the documents placed on record by
the petitioner.
Needless to add, this he shall do strictly in accordance
with law after affording opportunity of hearing to all concerned.
It is contended on behalf of the petitioner that 100%
of the works stand completed and the spot handed over way
back in July 2020 itself.
Patna High Court CWJC No.10673 of 2022 dt.11-08-2022
Be that as it may, we leave this question of fact open
to be determined by the appropriate authority.
Should the petitioner feel aggrieved of the final order,
which may passed by the authority, it shall be open for him to
assail the same in accordance with law.
Petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
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