Writ petition by Category-03 contractor seeking benefit for unemployed engineers dismissed. Court clarified petitioner may register as Category-04 in future but declined to issue immediate directions.
No immediate directions issued; petitioner allowed to register as Category-04 contractor if desired.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1959 of 2024
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Md. Hamid Zafar, Son of Md. Khurshid Alam, Resident of Barharwa Lakhansen, P.S- Dhaka, District- East Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate Mr. Asif Kalim, Advocate For the State : Mr. Anirban Kundu, SC-24 For the Resp. No.4 : Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-08-2024
The petitioner, a contractor registered as ‘Category03’ under the Local Contractor Category Contractor Registration Rules, 2011 seeks for the benefit as per Annexure-P/2, which is available to unscheduled/unemployed engineers. As per Annexure-P/2, the unscheduled/unemployed engineers would be able to take up work in one zone, under any works department which will be determined as their area of work as per Clause (2). Clause (3) also specifies that the Superintending Engineer
Patna High Court CWJC No.1959 of 2024 dt.06-08-2024 2/3
of the Road Construction Department will identify and allot works worth up to Rs. 25 lakh (twenty five lakh) for unemployed engineers under the non-plan head within the determined zone and under the plan and non-plan head, another 15% works will be awarded by the work zones of the other departments.
Patna High Court CWJC No.1959 of 2024 dt.06-08-2024 3/3
Category-04 contractors will also be registered for any one district within the State of Bihar and their area of work will be the area of that district. The petitioner has not registered himself as a Category-04 contractor, and he is registered as Category-03.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
avinash/-
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| CAV DATE | N/A |
| Uploading Date | 07.08.2024 |
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3 issues framed by the court
Whether the petitioner entitled to any direction despite being registered as Category-03 instead of Category-04 under Local Contractor Category Contractor Registration Rules, 2011.
Whether the Court should issue directions for allotment of works to unscheduled/unemployed engineers under the existing Rules.
Whether the petitioner can be permitted to register as Category-04 contractor in future.
Md. Hamid Zafar
The State of Bihar Through Principal Secretary Dept. of Urban Development
The District Magistrate, East Champaran
The Chairman, Dhaka Nagar Parishad
The Chief Executive Officer, Dhaka Nagar Parishad
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
