Patna High Court
M/S Rajan Construction vs The State Of Bihar on 23 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22582 of 2019
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M/s Rajan Construction through its partner, Mamta Singh, Female, aged about
38 years, W/o- Rajan Singh, R/o- Block more, Old GT Road, Mohalla- Jay
Prakash Nagar, P.O. and P.S.- Aurangabad, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Road construction
Department, Government of Bihar, Patna.
2. The Principal Secretary Road construction Department, Government of
Bihar, Patna.
3. The Engineer-in- Chief Road Construction Department, Government of
Bihar, Patna.
4. The Executive Engineer Road Division Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Alok Ranjan, Advocate
For the State : Mr. Amit Prakash, GA 13
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 23-03-2023
Heard learned counsel for the respective parties.
In the instant petition, petitioner has prayed for the
following reliefs:-
"I. For quashing the show
cause notice as contained in letter
no. 2696(E) dated 10.04.2018
issued under the signature of
Engineer-in-chief, Road
Patna High Court CWJC No.22582 of 2019 dt.23-03-2023
Construction Department, Bihar
Patna.
II. For quashing order as
contained in memo no. 8016 dated
18.10.2019 issued under the
signature of Engineer-in-chief,
Road Construction Department
Government of Bihar, Patna, by
which the licence of the
petitioner's construction company
has been suspended for two years.
III. For declaration that the
decision of the authority dated
18.10.2019 is totally baseless,
illegal, arbitrary, as well as
colorable exercise of power.
IV. For allowing the
petitioner to participate further in
the tender process (NIT-Notice
Inviting Tender) floated by other
Departments of Government of
Bihar, Patna and the petitioner's
construction company has
participated in the tender process
and the license of the petitioner's
construction company has been
suspended for two years, for the
work which has already been
completed in the year 09.06.2014
itself.
V. For any other relief or
reliefs for which the petitioner is
entitled under law in the facts and
circumstances of the present
case."
Brief facts of the case are that the petitioner was
entrusted work order on 10.06.2013 to complete the assigned
Patna High Court CWJC No.22582 of 2019 dt.23-03-2023
work within the time limit stipulated. The petitioner had
completed his work on 09.06.2014 whereas the concerned
respondent is stated to have undertaken inspection of the work
of the petitioner on 12.11.2014. Thereafter, for the first time
show cause notice was issued on 10.04.2018 in pointing out
certain sub-standard work of the petitioner which is relating
to the year 2013-14. The petitioner had submitted his
explanation on 19.04.2018. Thereafter, on 10.04.2018
petitioner's license has been cancelled for a period of two
years. The present period of suspension of license has already
spent its force.
Prima facie, the present petition does not survive
for consideration and at the same time from perusal of the
records it is evident that the concerned respondent has taken
action behind the back of the petitioner. Petitioner's licence is
stated to have been cancelled and inspection was conducted in
the year 2014 whereas show cause notice was issued in the
year 2018. These events suffice to interfere with the impugned
decision read with the fact that it has already spent its force to
the extent that impugned action of suspension of licence
would not be a hurdle for his future participation in any of the
tender.
Patna High Court CWJC No.22582 of 2019 dt.23-03-2023
With the above observations, the present writ
petition stands disposed of.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
