IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11919 of 2009 NEELAM KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 15.09.2009. Heard learned counsel for the parties. The petitioner is aggrieved by order dated 14.7.2009 contained in annexure 3, by which the Chief Engineer-I, Rural Works Department, Patna along with other members of the technical bid committee declared the technical bid of the petitioner for (i) package no. BR-24,R-71 and (ii) package no. BR-24, R-43 related to work (a) Chandi Tharthari Road to Amsaura Road and (b) Chandi Daniyawa Road to Rampur Road under PMGSY, invalid on the ground that his name figures in defaulter list. The petitioner submits that he could not complete the earlier work granted to him on account of various factors coming in the way. He submits that in fact the Executive engineer vide memo no. 545 dated 26.4.2007 made endorsement on the back of letter of Mathadhish dated 17.4.2007 directing the petitioner to stop the work, as such, he cannot be made responsible for non completion of the work in question. After hearing the parties, this Court observes that if the petitioner files a representation along with a copy of this order before respondent no.2, namely, the Principal Secretary, Rural Works Department, Patna, he would dispose of the same by a speaking order in the light of terms and conditions of the bid preferably within three weeks thereof. - 2 - It goes without saying that order of respondent no.2 would govern the allotment of tender. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J).