A contractor aggrieved by a Rural Works Department letter debarring him from work and threatening blacklisting sought redress through a writ petition. The court directed him to file a suit under the Commercial Courts Act, granting liberty for that route, and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2740 of 2023
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Jai Shankar Ray Son of Sri Mahendra Ray Resident of Village- Ahiapur, Bhikhanpura, Muzaffarpur- 842004.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Respondent/s : Mr. Kumar Alok, SC-7 Mr. Satyeshwar Prasad, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 06-04-2023 The petitioner is a contractor, who is aggrieved of the letter dated 30th of November, 2022 (Annexure-1), issued by the respondent no.6, the Executive Engineer, Rural Works Department, Works Division, Mahnar, District-Vaishali, whereby the petitioner’s firm has been debarred from executing the work given to him and has been threatened to be blacklisted.
Learned counsel for the petitioner submits that the land provided to the petitioner was not free from all encumbrances and therefore he was not able to complete the
Patna High Court CWJC No.2740 of 2023(2) dt.06-04-2023 2/2
work order placed to him and the project could not be completed.
In view of this Court, grievances of the petitioner can be redressed by raising a dispute under the Commercial Courts Act, 2015 by filing a suit thereto.
Granting such liberty to the petitioner, the present writ petition is dismissed.
(Sanjeev Prakash Sharma, J)
Amrendra/Item No. 15
U
1 issue framed by the court
Should a contractor debarred and facing blacklisting pursue his grievance via writ petition or a Commercial Courts Act suit?
1 provisions across 1 enactments
Jai Shankar Ray
The State of Bihar through the Secretary, Rural Works Department, Govt. of Bihar, Patna
The District Magistrate, Vaishali at Hajipur
The Engineer-In-Chief, Rural Works Department, Govt. of Bihar, Patna
The Chief Engineer-3, Rural Works Department, Govt. of Bihar, Patna
The Executive Engineer, Rural Works Department, Muzaffarpur Circle, Muzaffarpur
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
