IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2056 of 2007 M/S KALYANI CONSTRUCTION Versus THE STATE OF BIHAR & ORS ----------- 5 17.2.2010 Heard learned counsel for the parties. From the pleadings of various parties and the affidavit filed on behalf of the Superintendent of Gaya, the Court is not totally satisfied with the cause for the failure of the petitioner to perform the contract awarded to him. But the Court is not unmindful of the fact that area in which the petitioner was awarded work for construction of road has been a disturbed area and impediments are created by vested interest, may be in the garb of extremist organization. Part of the reason could be attributable to such activity and the other part could be due to fear psychosis and inadequacy on the part of the petitioner which he tried to cover up on excuse of disturbance being caused by the disturbed elements. The truth may be half way but the final opinion is not expressed by the Court in view of the fact that the matter is being relegated back to the Chief Engineer, Rural Engineering Organization, Government of Bihar, respondent no.5 for reconsideration of the decision to blacklist the petitioner vide letter no. 259 dated 20.1.2007 and consequential civil action which flows from the said blacklisting. The matter may be examined sympathetically and reconsidered. If the petitioner satisfies the Chief Engineer on the question with material evidence, an appropriate order may be passed in this regard. This writ application stands disposed of with the above liberty. RPS (Ajay Kumar Tripathi,J.)