IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12975 of 2009 M/S NARAYANI NIRMAN THROUGH ITS PARTNER ANIL KUMAR JHA, SON OF SRI DINESH GARAIN, RESIDENT OF HARI VATIKA CHOWK, BETTIAH, P.S. BETTIAH MUFFASIL, DISTRICT WEST CHAMPARAN---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. ENGINEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA ----RESPONDENTS. ----------- 02. 13.10.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner has been blacklisted by the Engineer-in-Chief-cum- Additional Commissioner-cum-Special Secretary, Road Construction Department, Bihar, Patna, Respondent No.3 under order bearing Memo No. 2976(E) dated 12.8.2009, Annexure-1, against which he preferred an appeal. 3. It is submitted on behalf of the petitioner that the hearing of the appeal has already been concluded on 29.9.2009 and the judgment is reserved but till date, the same has not been pronounced. In terms of tender notice, Annexure-11 appended with the supplementary affidavit, the last date for filing the tender papers is 30.10.2009 and in case the appeal is not disposed of then petitioner’s right to participate in the bid pursuant to tender notice, Annexure-11 shall suffer. 4. Having heard counsel for the parties, I dispose of this writ application calling upon the appellate authority to consider the request of the petitioner to dispose of the appeal as early as possible so as to enable him to participate in the tender process pursuant to Annexure-11, provided he succeeds in appeal. Rajesh/ (V.N.Sinha, J.) - 2 -