M/S Kalyani Construction vs The State Of Bihar And Ors
2023 Latest Caselaw 2118 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11594 of 2016
     ======================================================

M/s Kalyani Construction through its (Owner), Shiv Shankar Prasad Singh, @ Shiv Shankar Singh, S/o Late Maheshwari Prasad Singh, resident of Mohalla- New Area, Tank Road, Gaya-P.S.-civil Lines, District-Gaya

... ... 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 Chief Engineer- 1 Rural Works Department, Bisheshwaraiya Bhawan , Bailey Road,Patna

3. The Superintending Engineer,Rural Works Department, Works Division, Rajaui, District-Gaya

4. The Executive Engineer, Rural Works Department, Division, Rajaui, District-Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s : Mr. Sadanand Paswan, GP 29 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 04-05-2023

None appears for the petitioner.

2. In the instant petition, petitioner has prayed for the

following reliefs:

"That this writ application is being file in nature of writ of certiorari for quashing the order dated 27.6.2016 issued under the signature of Chief Engineer-1, Rural Works Department, Bihar, Patna by which and where under the petitioner of the petitioner was recommended for list of debar due to pending ow work of Package No. BR-25R-392 (Sirdala Gaya Road to Khatangi) under PMGSY. The date for completion Patna High Court CWJC No.11594 of 2016 dt.04-05-2023

of work is 22.01.2016. He further directed to file your reply within a week as to why you name will be registered on the list of debar and disqualify you in future Tender and for issuance of any appropriate writ or writs, order or orders, directions or directions, as your lordships may deem fit and proper."

3. Petitioner has assailed the notice dated 27.06.2016

proposed to debar the petitioner insofar as pending work of

Package No. BR-25R-392 (Sirdala Gaya Road to Khatangi) under

PMGSY scheme.

4. The present petition is premature for the reasons that

the petitioner has assailed the notice. Notice could be interfered

only on two grounds namely if there is any violation of rules in

issuing notice or notice is issued by an incompetent authority.

Neither of the ingredients is highlighted in the pleadings,

therefore, the present petition stands dismissed as premature

reserving liberty to the petitioner to challenge the final order if it is

passed.

(P. B. Bajanthri, J)

(Arun Kumar Jha, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.05.2023
Transmission Date       NA