M/S Krishna Construction Company vs The State Of Bihar
2023 Latest Caselaw 945 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1431 of 2023
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M/s Krishna Construction Company registered under the Provisions of the Company Act having its registered office at Shushila Swami Sadan, Near Womens College Gopalganj, District-Gopalganj through its director Krishna Mohan Tiwari (Male Aged about 62 years) S/o Swaminath Tiwari, resident of Mohalla- 201A, Varsha Appartment, Vivekanant Park Road, New Patliputra Colony, Patliputra, District- Patna, Pin Code- 800013.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna

2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3. The Engineer in Chief, Rural Work Department, Government of Bihar, Patna.

4. The Chief Engineer, Rural Works Department, Government of Bihar, Patna.

5. The Executive Engineer, Rural Works Department, Government of Bihar, Patna.

6. The, Superintending Engineer, Rural Works Department, Work Zone Siwan.

7. The Executive Engineer, Rural Works Department, Work Division, Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate For the Respondent/s : Mr. Kumar Alok (SC7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 28-02-2023

In the instant petition, petitioner has prayed for the

following relief:-

(I). For issuance of writ in the nature

of certiorari for quashing the letter no.

2037 dated 13.07.2021 (Annexure-1) issued Patna High Court CWJC No.1431 of 2023 dt.28-02-2023

under the signature of the Engineer in

Chief, Rural Works Department,

Government of Bihar, by which the

petitioner(Serial No. 14 and 15) has been

debarred along with others for non-

completion of the work within the time

prescribed in the agreement.

(ii). To hold and declare that the

impugned order of debar passed without

any show cause notice is violative of Article

14 of the Constitution of India and as such

not sustainable in the eyes of law and

accordingly direct the respondents to

immediately remove the name of the

petitioner from the list of debar.

(iii) To pass interim/ex-parte interim

order staying the operation of the letter no.

2037 dated 13.07.2021 and/or permit the

petitioner to participate in other tenders

including the subsequent tender issued by

the Rural Works Department, Bihar.

(iv) To pass any other writ/writs, Patna High Court CWJC No.1431 of 2023 dt.28-02-2023

order/orders for which petitioner deemed

entitled to."

2. Perusal of Annexure-1 dated 13.07.2021 shows it is not a

reasoned order and so also the petitioner has not been provided

an opportunity before impugned action at Annexure-1 was

taken. Insofar as challenge to Annexure-2 dated 04.11.2021, the

concerned authority was required to take necessary steps with

reference to the recommendation.

3. In the light of these facts and circumstances, Annexure-1

stands set aside insofar as petitioner is concerned. Insofar as

Annexure-2 dated 04.11.2022 is concerned, the concerned

respondent is hereby directed to take a decision at the earliest

and not beyond 3 months, while giving opportunity to the

petitioner.

4. Accordingly, the present petition stands disposed of.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) Daya/ Himanshu/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          03.03.2023
Transmission Date       NA