IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1087 of 2010 M/S KUMAR A.S.CONSTRUCTION ASHOK NAGAR BHATT BIGHA, GAYA THROUGH ITS MANAGING PARTNER SMT. PRAMILA SINGH W/O SHRI ANUJ KUMAR SINGH R/O MOH- ASHOK NAGAR, BHATT BIGHA, GAYA, P.S- RAMPUR, DISTT- GAYA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, RURAL WORKS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY, RURAL WORKS DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE CHIEF ENGINEER (HEAD QUARTER) RURAL WORKS DEPARTMENT, GOVT.OF BIHAR, PATNA 5. THE JONT SECRETARY-CUM-INTERNAL FINANCIAL ADVISOR, RURAL WORKS DEPARTMENT, GOVT.OF BIHAR, PATNA 6. THE SUPERINTENDING ENGINEER, CIRCLE GAYA, RURAL WORKS DEPARTMENT, DISTT- GAYA 7. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, SHERGHATI DIVISION, SHERGHATI, DISTT- GAYA 8. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, DIVISION, GAYA, DISTT- GAYA ----------- 3. 25.1.2010. Some facts are not disputed even by the learned senior counsel representing the petitioner that the petitioner’s firm was put on the defaulter list by the respondent authorities by a decision dated 31.7.2009, which is Annexure-3 to the writ application. The concerned department in this regard is the department of Rural Works, Government of Bihar. On request made by the petitioner with regard to the inclusion of the petitioner’s name in the defaulter list, the matter was reconsidered by the same authority, which had issued in Annexure-3. Case of the petitioner along with some other - 2 - contractors was taken up and a notification dated 12.8.2009 (Annexure-4) came to be issued. By virtue of Annexure-4, the petitioner was removed from the defaulter list. Submission of learned senior counsel for the petitioner is that by virtue of the order contained in Annexure-4 dated 12.8.2009, there was no disqualification suffered by the petitioner at any point of time specially when Annexure-4 does not state that it will be effective from the date of notification. But despite the above decision taken in favour of the petitioner in a meeting held by the Tender Committee dated 15.12.2009, petitioner’s tender was not considered on the ground that his name figured in the defaulter list. A direction was issued for issuance of a fresh notice inviting tender. If the notification dated 12.8.2009 was issued by the Chief Engineer (Head Quarter)(respondent no.4) to de-list the name of the petitioner from the defaulters list then it was a significant development in - 3 - N.H./ favour of the petitioner, which should have been placed or brought to the notice of the Tender Committee. With the above facts, petitioner has made out a case for a direction upon the Principal Secretary, Rural Works Department, Government of Bihar as well as the so-called Tender Committee and its members to reconsider the question of ouster of the petitioner from the tender of package No.BR- 12R-05. In view of the above order as well as Annexure-4 issued in favour of the petitioner. The writ application stands disposed of with direction that the respondent authorities will consider the matter afresh in the light of the above order at the earliest preferably within a period of four weeks from the date of production of a copy of this order along with an application made by the petitioner in this regard upon the Principal Secretary, Rural Works Department. ( Ajay Kumar Tripathi,J.) - 4 -