Patna High Court
The State Of Bihar vs Kamladitya Constructions Pvt. Ltd. ... on 10 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.392 of 2019
In
Civil Writ Jurisdiction Case No.13292 of 2018
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1. The State of Bihar through the Principal Secretary, Water Resources
Department, Govt. of Bihar, 3rd Secretariat, Sichai Bhawan, Patna
2. The Engineer in Chief (Head Quarter) cum Registering Authority Water
Resources Department, Govt. of Bihar, Patna
3. The Chief Engineer Irrigation Creation, Water Resources Department,
Siwan, Bihar.
4. The Superintending Engineer Saran Canal Division, Siwan, Bihar
5. The Executive Engineer Saran Canal Division, Bhore, District - Gopalganj,
Bihar
6. Sri Arun Kumar Singh S/o not known to the petitioner at present Principal
Secretary, Water Resources Department, Govt. of Bihar, Patna
7. Sri Arun Kumar S/o not known to the petitioner At present posted as
Engineer in Chief (Head Quarters) cum Registering Authority Water
Resources Department, Govt. of Bihar, Patna.
... ... Appellants
Versus
Kamladitya Constructions Pvt. Ltd. through its Authorized Signatory Abhay
Kumar Mishra son of late Chandrama Mishra Resident of Shankat Mochan
Nagar, New Police Line , P.S.- Nawada, District - Bhojpur, Bihar.
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Anjani Kumar, AAG-4
Mr. Deepak Sahay Jamuar, AC to AAG-4
Mr. Shailendra Kumar Singh, AC to AAG-4
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 10-04-2025
Despite providing sufficient opportunity, there is no
representation on behalf of the Respondent.
Patna High Court L.P.A No.392 of 2019 dt.10-04-2025
2. Heard I.A. No. 01 of 2019. There is a delay of
about 70 days in filing L.P.A. No. 392 of 2019. For the reasons
stated in the application read with the affidavit, delay of about
70 days in filing L.P.A. No. 392 of 2019 stands condoned.
3. Accordingly, I.A. No. 01 of 2019 stands allowed.
4. L.P.A. is taken up for final disposal. Respondent
- Kamladitya Construction Pvt. Ltd. was a contractor, who was
executing certain works of the State Government. The last date
of completion of work was stipulated as 23.09.2018 and he had
completed only 24.09%. In the result, Show-Cause Notice was
issued on 20th December, 2017 as to why he shall not be
blacklisted for a period of 10 years on the sole issue that
Respondent failed to execute the work timely. On receipt of
petitioner's explanation, concerned Appellant proceeded to pass
order on 04.07.2018 blacklisting the Respondent for a period of
10 years under Rule 11(Ka)(ii) of the Bihar Contractor
Registration Rules, 2007, which was the subject matter of the
litigation before the learned Single Judge in C.W.J.C. No. 13292
of 2018. The learned Single Judge has not interfered with the
blacklisting order. However, he has kept in abeyance of the
blacklisting order till Respondent exhausting the remedy before
the Bihar Public Works Contract Disputes Arbitration Tribunal.
Patna High Court L.P.A No.392 of 2019 dt.10-04-2025
5. In this backdrop, the Respondent is stated to
have invoked the remedy before the Bihar Public Works
Contracts Disputes Arbitration Tribunal. During the pendency of
such litigation on account of certain judicial pronouncement an
independent Arbitrator was appointed and Arbitration is still in
vogue. In this backdrop, the present L.P.A. has been filed. The
present L.P.A. No. 392 of 2019 has become redundant in view
of later development.
6. Accordingly, the present L.P.A. No. 392 of 2019
stands disposed of as it has become infructuous, reserving
liberty to the Appellants to invoke appropriate remedy insofar as
keeping in abeyance of the blacklisting order dated 04.07.2018
survives or not for the reasons that there is a change in
arbitration authority as on this day.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
Manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.04.2025
Transmission Date NA
