Shree Mahavira Buildwell Private Limited v. The State Of Bihar and Ors.
Case brief
What is this about?
Petitioner sought review of recall of debarment order lacking applicability date. Court distinguished prior precedent where work was fully completed. Ordered that petitioners must apply for relief after completing remaining work.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22434 of 2018
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Shree Mahavira Buildwell Private Limited, Exhibition Road, Patna through its Director Vishal Agarwal, Son of Shri Mahavir Prasad Agarwal, Resident of Flat No.- B/3, Gupteshwar Mension, East Boring Canal Road, Police Station- North S.K. Puri, Patna- 800001 Bihar.
... ... Petitioner
Versus
- The State Of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Vishweswaraiya Bhawan, Patna.
- The Principal Secretary, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan,
- The Engineer-in- Chief, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan,
- The Chief Engineer, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan, Patn
- The Superintending Engineer, Road Construction Department, Road Circle, Purnia.
Issues for consideration
3 issues framed by the court
Whether the recall of a debarment order without clarifying its applicability period allows the petitioner to participate in future tenders or requires completion of work for such relief.
Whether the petitioner can apply for removal of debarment status before completing the work despite partial completion.
Whether the plea regarding hindrances in work completion was adequately considered in the recall order.
Parties & counsel
- petitioner
Shree Mahavira Buildwell Private Limited
- respondent
State Of Bihar
- respondent
Principal Secretary, Road Construction Department, Government of Bihar
- respondent
Engineer-in-Chief, Road Construction Department, Government of Bihar
- respondent
Chief Engineer, Road Construction Department, Government of Bihar
Case details
As recorded by the court registry
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