IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15195 of 2010 M/s. Bhardwaj Construction, having its office at 286, Anugrah Puri Colony Gaya, through its Partner Kamlesh Kumar, S/o Shri Ramashray Singh, R/o Village- Bali, P.S. Konch, District-Gaya …………… Petitioner Versus 1. The State of Bihar 2. The Secretary, Rural Work Department, Bihar, Patna 3. The Engineer in Chief, Rural Work Department, Bihar, Patna 4. The Chief Engineer, Rural Work Department, South Bihar, Patna 5. The Executive Engineer, Rural Work Department, Work Division-3, Gaya ………………. Respondents. ----------- 2. 13.9.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner had earlier approached this Court against the order of blacklisting passed against him by the Engineer in Chief, Road Construction Department by filing CWJC No. 13649/2010 which was disposed of by order dated 27.8.2010 with a liberty to the petitioner to file an appeal before the Principal Secretary of the Department who was directed to dispose of the same within a period of one month of the filing of the appeal. Learned counsel for the petitioner states that the appeal has been filed on 3rd September, 2010. The issue raised by the petitioner in the present 2 writ petition is that on account of subsistence of blacklisting order passed by the Engineer in Chief the petitioner would not be in a position to participate in the tender process for which notice inviting tenders bearing Nos. 07/2010-11 and 08/10-11 have been issued by the Office of the Executive Engineer, RWD, Works Division- III, Gaya in which the last date for submission of tender forms are respectively 16.9.2010 and 17.9.2010. In the above circumstances, the writ petition is disposed of with a direction to the respondents authorities to permit the petitioner to file his tender papers and consider the same in accordance with law except that the petitioner shall not be held to be disqualified on account of blacklisting order of the Engineer in Chief until the appeal of the petitioner is decided by the Principal Secretary, Road Construction Department and further if the petitioner is found to be otherwise qualified and successful in either or both the tenders then no final decision on the concerned tender or tenders shall be taken until the appeal is disposed of by the Principal Secretary. S.Pandey (Ramesh Kumar Datta, J.)