IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9958 of 2009 M/S R.S.PANDEY & COMPANY Versus THE STATE OF BIHAR & ORS ----------- 3 21.8.2009 In the instant writ petition the petitioner prays for quashing the letter no.967 dated 27.12.2007, contained in Anenxure- 5 by which the Executive Engineer, National Highway, Division No.2, Muzaffarpur rescinded the agreement and forfeited the security deposit of the petitioner. The petitioner was awarded contract for repairing and strengthening of KM 1 to 8 of the N.H.77 under Agreement no.48F2/06-07, contained in Annexure-1. The date of start of the agreement was 17.1.2007 and the date of completion was 16.4.2007. The time of completion of the work was extended by letter no.727 dated 26.10.2007 issued by the Executive Engineer, National Highway Division No.2, Muzaffarpur. Learned counsel for the petitioner submits that it started the work in right earnest and completed substantial portion of the work. However, the time granted for completion of the work was not in consonance with the quantum of work. He further submits that Bitumen is an essential material required for the work. Even after depositing necessary money with the Indian Oil Corporation, which is a solitary source of Bitumen, the same was not delivered to the petitioner as a result of which the petitioner could not complete the work in time. The petitioner also faced problems as there was 2 KHAN encroachment on the road side. The aforesaid fact would be evident from letter dated 1.2.2007, contained in Annexure-4. Learned State counsel submits that the petitioner hardly completed 27.39% of work. Having heard counsel for the parties and on going through the materials on record, this court finds that if the petitioner files a representation before the Chief Engineer, National Highway Section, Road Construction Department, Bihar, Patna, respondent no.3 raising all its grievances, he will dispose of the same after affording personal hearing to the petitioner within five weeks from the date of receipt of the representation. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)