IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20393 of 2010 SHYAM KUMAR, SON OF LATE KAMESHWAR PRASAD, RESIDENT OF SOUTH LANE, GAIGHAT, GULZARBAGH, P.S. ALAMGANJ, DISTRICT AND TOWN-PATNA……..PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT, PATNA 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 3. THE BIHAR RAJYA PUL NIRMAN NIGAM LTD. THROUGH ITS MANAGING DIRECTOR, 7, SARDAR PATEL MARG, PATNA-15 4. THE SENIOR PROJECT MANAGER, BIHAR RAJYA PUL NIRMAN NIGAM LTD. WORKS DIVISION NO.-2, PATNA. 5. THE PROJECT MANAGER, BIHAR RAJYA PUL NIRMAN NIGAM LTD. WORKS DIVISION NO.-2, PATNA …….RESPONDENTS. For the petitioner : Mr. L.B.Singh, Advocate. For the State : Mr. A. Kumar, AC to SC.18 ----------- 02/ 20.12.2010 Heard learned counsel for the petitioner and learned counsel for the respondents State of Bihar and its authorities. This writ petition has been filed by the petitioner challenging the order of blacklisting and forfeiture of the earnest money of the petitioner vide letter no.3195 dated 03.10.2008 (Annexure-4) passed by Managing Director, the Bihar Rajya Pul Nirman Nigam Ltd. (respondent no.3) without issuing any notice and without giving any opportunity of hearing to the petitioner and for other ancillary reliefs. After some arguments learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file statutory appeal before the Secretary, Road Construction Department, Government of Bihar, Patna. So far - 2 - the question of cancellation of agreement and forfeiture of the earnest money is concerned, the petitioner may avail his opportunity before the Bihar State Arbitral Tribunal. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files the said appeal along with a copy of this order as well as an interlocutory application, the appellate authority shall consider the reasons assigned for the delay and shall decide the matter on merits expeditiously preferably within a period of three months from the date of filing of the appeal. Harish (S.N. Hussain, J.)