IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4908 of 2011 ------- M/s Ramanandan Singh, a partnership firm having its office at Jhari, P.O. Kalapahar Tendua, District Aurangabad, Bihr, through its Proprietor Sri Ramnandan Singh, son of late Keshav Singh, resident of village Jhari, P.O. Kalapahar Tendua, P.S. Tandwa, District Aurangabad, Bihar. …. Petitioner --------- 1. The State of Bihar through the Secretary, Rural Works Department, Government of Bihar, Patna. 2. The Secretary, Rural Works Department, Government of Bihar, Patna. 3. The Chief Engineer (South Bihar), Rural Works Department, Government of Bihar, Patna. 4. The Superintending Engineer, Rural Works Department, Works Circle, Gaya 5. The Executive Engineer, Rural Works Department, Works Division, Aurangabad, Patna. …. Respondents. --------- For the Petitioner : Mr. Raj Kishore Prasad, Advocate For the State : Mr. V.M. K. Sinha, A.A.G. 13 and Mr. Pankaj Kumar Sinha, A.C. to A.A.G. 13 ------- 02/ 06.05.2011 Heard learned counsel for the petitioner and learned counsel for respondent-State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for a direction to the respondents to grant extension of time for completion of work as recommended by the Executive Engineer, Rural Works Department, Aurangabad, Bihar, and, accordingly, direct respondent-authorities to pay back the penalty/deductions of 10% from the bill of the petitioner on account of delay in completion of work and also for a direction to the respondents to pay the actual cost of bitumen utilized by the petitioner in execution of the contract awarded to the petitioner vide Agreement no. 5F2/2006-07 dated 05.10.2006 and Agreement no. 2F2/2007-08 dated 14.04.2007 in terms of the provisions of Clause 10CA of the Standard Bidding Document as - 2 - issued by the Government of Bihar as well as also for a direction to the respondents not to make discrimination amongst the contractors and thereby deprive the petitioner from getting actual cost of bitumen utilized by the petitioner and for other ancillary reliefs. 3. Learned counsel for both parties agree that similar point has been decided by a Bench of this Court in C.W.J.C. No. 5859 of 2009 vide order dated 04.12.2009 excepting that in the earlier case the matter was pending before the Chief Engineer, whereas in the instant case the matter was earlier pending before the Superintending Engineer. It is stated that the Executive Engineer is the authority, who can grant extension of time in terms of Clause 5 of the agreement and hence recommendation for extension of time having been made by the Executive Engineer in favour of the petitioner, there was no occasion for refusal by any of the authorities of the department to grant extension of time without any valid and specific reason. 4. Since there is failure on the part of the respondents to indicate as to why the authorities have suddenly taken a `U’ turn in this regard, the matter is remanded to the Chief Engineer (South Bihar), Rural Works Department, Government of Bihar, Patna (respondent no.3) to reconsider the matter and to take a decision expeditiously preferably within a period of three months from the date of production/communication of this order. 5. Accordingly, this writ petition is disposed of. MPS/ (S.N.Hussain, J.)