Writ petition challenging debarment. Court directed Engineer-in-Chief to consider excluding petitioner from debar list based on departmental communications indicating partial work completion due to encroachments.
Directed the Engineer-in-Chief to consider the petitioner for exclusion from the debar list and pass an appropriate order within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5251 of 2019
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Nawal Kishor Roy Son of Sri Jagdish Roy, Residing at 208, T.Chhoti Marai, Dhanauti, P.S.-Hajipur, District-Vaishali
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Sahay, Adv. Mr. Anil Kumar Sinha, Adv. For the Respondent/s : Mr.Ajay (GA-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 09-04-2019
Heard learned counsel for the petitioner and learned counsel representing the State.
Learned counsel for the petitioner has drawn the attention of this Court towards Annexure-P-7 and P-8 by which the Executive Engineer and the Superintending Engineer respectively of the Rural Works Department, Works Division, Rosera and Works Circle, Samastipur have informed the given authorities of the Department in respect of the completion of the work by the petitioner as also that one of the works being TO2 to Mahara Package No.BR-30R-449 is
Patna High Court CWJC No.5251 of 2019(2) dt.09-04-2019 2/2
incomplete because of the encroachments on the roads. Learned counsel submits that in view of Annexure-P-7 and P-8 now the competent authority of the Department should consider the exclusion of the name of the petitioner from debar list.
Mr. Ajay, learned Government Advocate submits that if that is the contention of the petitioner this Court may consider passing an appropriate order.
In the given facts and circumstances of the case, this Court directs the Engineer-in-Chief, Rural Works Department, Government of Bihar to consider the case of the petitioner for exclusion of his name from the debar list in the light of the communication as contained in Annexure-P-7 and P-8 respectively. An appropriate order thereon must be passed within a period of four weeks from the date of receipt/production of a copy of this order.
This writ application stands disposed off accordingly.
(Rajeev Ranjan Prasad, J)
arvind/-
U
1 issue framed by the court
Whether the petitioner should be excluded from the debar list given the communications regarding work completion.
Nawal Kishor Roy
The State of Bihar through the Secretary, Rural Works Department
The Engineer-in-Chief, Rural Works Department
The Chief Engineer-3, Rural Works Department
The Superintending Engineer, Rural Works Department
The Executive Engineer, Rural Works Department
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
