Allowed

Vishnuvihar Engitech and Services Private Ltd. v. The State of Bihar

Patna HC20 Jun 2023CWJC/6033/2023

Case brief

AI extract

What is this about?

Petitioner challenged a Notice to Show Cause issued for potential blacklisting. The Court set aside the notice as issued by an incompetent authority, citing a prior decision, while reserving liberty for the competent authority to act if warranted.

What did the court decide?

The Notice to Show Cause dated 28.03.2023 (Letter No. 252) issued by the Incharge Chief Engineer was set aside.

Vishnuvihar Engitech and Services Private Ltd. Vs The… — Writ and Judicial Review | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6033 of 2023

¶2

======================================================

¶3

Vishnuvihar Engitech and Services Private Ltd. having its Registered Office at Harish Chandra Prasad, Plot No. 4, 3rd Floor, Central Bank Staff Colony, Behind N.R.L. Petrol Pump, Kumharar, Patna Bihar 800026, through its Director, Vipin Kumar, aged about 34 years, Male, son of Sri Vijay Sharma, resident of village Chhotiya, P.O. Takya Karpi, P.S. Mahakar, District Gaya, Bihar.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principal Secretary, Minor Irrigation Department, Government of Bihar, Patna.

¶7

The Engineer in Chief, Minor Irrigation Department, Government of Bihar, Patna.

¶8

The Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna.

¶9

The Chief Engineer, Planning, Maintenance and Geology Department, Government of Bihar, Patna, cum the Registering Authority.

¶10

The Superintending Engineer Cum Chief Engineer In Charge, Planning, Maintenance and Geology Department, Government of Bihar, Patna.

¶11

The Superintending Engineer, Minor Irrigation Department, Government of Bihar, Patna.

¶12

... ... Respondent/s

¶13

====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Ranjan, Advocate Mr. Chandan Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, GP-4 ======================================================

¶14

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

¶15

Date : 20-06-2023

¶16

In the instant petition, the petitioner has prayed for

¶17

the following relief(s):-

¶18

“(i) Quashing of the Notice to Show Cause dated 28.03.2023 contained in Letter No. 252

¶19

Patna High Court CWJC No.6033 of 2023 dt.20-06-2023

¶20

2/3

¶21

(Annexure 3) issued by Incharge Chief Engineer, upon instructions of the Department, whereby on the allegations of suppressing the existing commitment and ongoing works, in order to enhance the Bid capacity in connection with Tender process arising out of NIT No. 01/2022 - 23, the petitioner has been asked to Show Cause within one week as to why the Registration be not blacklisted in terms of Bihar Contractors Registration Rules, 2007; and

¶22

(ii) Restraining the Respondents by writ of prohibition from giving effect to the Notice to Show Cause dated 28.03.2023 as contained in Letter No. 252 (Annexure 3) during the pendency of the present writ petition and / or without the leave of this Hon'ble Court.”

¶23

Learned counsel for the petitioner submitted that the impugned action is by incompetent authority. On this issue, learned counsel for the petitioner relied on the earlier decision of this Court passed in C.W.J.C. No. 4726 of 2023, decided on 20^th of April, 2023. The aforementioned issue has not been disputed by learned counsel for the respondents.

¶24

Accordingly, notice dated 28.03.2023, issued vide letter no. 252(Annexure-3) by In charge Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna is set aside, in the light of order dated 20^th of April, 2023, passed in C.W.J.C. No. 4726 of 2023, reserving liberty to the concerned

¶25

Patna High Court CWJC No.6033 of 2023 dt.20-06-2023 3/3

¶26

respondent/competent authority to take appropriate action, if it is warranted at this stage.

¶27

(P. B. Bajanthri, J)

¶28

( Jitendra Kumar, J)

¶29

Amrendra/-

¶30

AFR/NAFR
CAV DATE
Uploading Date	24.06.2023
Transmission Date

Vishnuvihar Engitech and Services Private Ltd. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vishnuvihar Engitech and Services Private Ltd. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Atulanand Chaudhary Vs The Bihar State Food and Civil Supplies Corporation Ltd. and Ors.

Naim @ Sah Mohammad Naim Vs The State of Bihar and Ors.

M/s Milith Karv Engineering and Trading Pvt. Ltd. Vs The State of Bihar

Prashant Kumar Kashyap Vs The State of Bihar

Ramashray Chaudhary Vs Sri Anand Kishor

Om Prakash Ram Vs The State of Bihar