Patna High Court
M/S Star Construction vs The State Of Bihar on 7 May, 2024
Bench: Chief Justice, Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17602 of 2023
======================================================
M/s Star Construction Balua Tal Motihari, West Champaran, P.S.- Nagar
Town, District West Champaran, through its Proprietor Pervez Ahmad Khan,
aged about 51 years, Male, son of Haseen Ahmad Khan, Resident of Balua
Tal Motihari, West Champaran, P.S.- Nagar Town, District West Champaran.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Rural Works
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Rural Works Department, Government of
Bihar, Patna.
3. The Engineer-in-Chief, Rural Works Department, Government of Bihar,
Patna.
4. The Chief Engineer-3, Rural Works Department, Government of Bihar,
Patna.
5. The Superintending Engineer, Rural Works Department, Work Circle
Darbhanga.
6. The Executive Engineer, Rural Works Department, Work Division,
Madhubani.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 15320 of 2023
======================================================
M/s Star Construction Balua Tal Motiahri, West Champaran, P.S.-Nagar
Town, District West Champaran, through its Proprietor Pervez Ahmad Khan,
aged about 51 Years, Male, Son of Haseen Ahmad Khan, Resident of Balua
Tal Motihari, West Champaran, P.S.-Nagar Town, District-West Champaran.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secreary, Rural Works
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Rural Works Department, Government of
Bihar, Patna.
3. The Engineer-in-Chief, Rural Works Department, Government of Bihar,
Patna.
4. The Chief Engineer-3, Rural Works Department, Government of Bihar,
Patna.
5. The Superintending Engineer, Rural Works Department, Work Circle
Darbhanga.
6. The Executive Engineer, Rural Works Department, Work Division,
Madhubani.
Patna High Court CWJC No.17602 of 2023 dt.07-05-2024
2/5
... ... Respondents
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 17602 of 2023)
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Respondent/s : Mr. Raghwanand, GA-11
Mr. Pratik Kumar, AC to GA-11
(In Civil Writ Jurisdiction Case No. 15320 of 2023)
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Respondent/s : Smt. Binita Singh, SC-28
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-05-2024
The petitioner is aggrieved with the cancellation of
the contract awarded and the blacklisting for ten years as a
consequence of the cancellation. The order of termination is
challenged in C.W.J.C. No. 15320 of 2023 and the consequent
order of blacklisting is challenged in C.W.J.C. No. 17602 of
2023.
2. An agreement was executed on 26.07.2022 with
respect to repairing and maintenance work of road from Atihi
Hotel NH to Heart Hospital Mangrauni under the New
Maintenance Niti, 2018. The total amount of the contract was
Rs. 94,27,076/-, out of which, the repairing work would
consume almost Rs. 84,00,000/-. After the repairing, the
Contractor was obliged to carry out the maintenance work also
for five years, for which the amount would be Rs. 10.84 lakhs.
Patna High Court CWJC No.17602 of 2023 dt.07-05-2024
3/5
The first year maintenance amount came to Rs. 82.246 lakhs.
3. The work was commenced on 26.07.2022 and the
repairing was completed as on 05.01.2023. Payments were also
made. The first quarterly maintenance was commenced on
06.01.2023
and was completed on 05.04.2023. The second
quarterly maintenance was commenced on 06.04.2023 but
payments were not made. It is the submission of the petitioner
that the second maintenance was completed but the respondents
point out that the second quarterly maintenance was not
completed.
4. The time period for third quarterly maintenance
was between 06.07.2023 to 05.10.2023 and on 09.09.2023, a
show-cause notice was issued which has been produced at
Exhibit P/4. The petitioner submitted its reply (Exhibit P/5) to
the show-cause. Without considering the reply, the contract was
terminated on 20.09.2023 which is challenged in C.W.J.C. No.
15320 of 2023 and the consequent order of blacklisting dated
27.11.2023 which is also challenged in C.W.J.C. No. 17602 of
2023.
5. After arguments, we were of the opinion that there
could be nothing done under Article 226 of the Constitution of
India but, however, considering the fact that the entire repairing
Patna High Court CWJC No.17602 of 2023 dt.07-05-2024
was done and only maintenance remained, we were of the
opinion that the parties could sit across a table and resolve their
conflicts.
6. The State also would be burdened with further
process of tendering and awarding of contract for maintenance
of the original work carried out by the petitioner herein.
7. We, hence, sought instruction from the petitioner as
to whether he was ready to undertake that he would complete
the maintenance work as agreed upon.
8. The learned counsel for the respondents submitted
that the petitioner should not make any demand for payment
with respect to the earlier maintenance which was completed.
9. On our intervention, an affidavit was filed by the
petitioner agreeing to carryout the maintenance if the
respondents restricted the traffic on the road.
10. We were not inclined to proceed on such an
undertaking. Hence, as on today, a supplementary counter
affidavit has been filed on 04.05.2024, in which the petitioner
has categorically undertaken to complete the quarterly
maintenance as originally agreed upon.
11. We, hence, record the undertaking of the petitioner
and direct the respondents to resume the contract to the
Patna High Court CWJC No.17602 of 2023 dt.07-05-2024
petitioner on the basis of the undertaking but, however, with
specific observation that if any default is conducted, the
Awarder would be entitled to proceed against the Contractor.
12. The writ petitions stand disposed of setting aside
the order of termination dated 20.09.2023 and the appellate
order of blacklisting dated 27.11.2023.
(K. Vinod Chandran, CJ)
( Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08-05-2024
Transmission Date
