IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15220 of 2009 M/S BHARDWAJ CONSTRUCTION, through its proprietor Kamlesh Kumar, S/o-Sri. Ramashray Singh, 286 A.P. Colony, P.S.-Rampur, District-Gaya …….Petitioner Versus 1. The State of Bihar 2. The Principle Secretary, Minor Irrigation Department, Government of Bihar, Patna. 3. The Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna. 4. The Superintending Engineer, Minor Irrigation Circle, Gaya 5. The Executive Engineer, Minor Irrigation Department, Gaya 6. Sri Raj Kumar Singh, Raj Construction Private Limited, Bali Bakar, P.O. & P.S.-Paliganj, District-Patna. …….Respondents. ----------- 02. 11.11.2009 Petitioner has annexed notification issued by the Office of the Chief Engineer-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar dated 02.07.2009. The said notification is annexed as Annexure-2 of the writ application. By virtue of this notification total 104 contractors stand debarred having been declared defaulter meaning thereby that they are precluded from participation in future tenders. The name of Respondent No. 6 figures at serial No. 97. Petitioner’s grievance is that despite the said notification, by ignoring the said notification an award of contract for tender No. 01, year 2009-2010 in the Koach Block for District-Gaya for construction of Koch-Ahar-Pain 2 has been considered and awarded to Respondent No. 6 in the meetings which were held on 18.09.2009 and 21.10.2009 respectively. This fact has been pointed out both to the Chief Engineer, Minor Irrigation Department vide letter dated 14.09.2009 as well as to the Principle Secretary, Minor Irrigation Department, Government of Bihar, but no action has been taken. The notification being on record prima facie supports the grievance of the petitioner raised in this regard. Obviously there is either an omnibus or mischief at the local level which requires to be looked into. The writ application is disposed off with a direction upon Respondent Nos. 2 & 3 The Principle Secretary, Minor Irrigation Department, Government of Bihar and The Chief Engineer, Minor Irrigation Department, Government of Bihar to look into the matter, take cognizance of the letter of the petitioner contained in Annexure-3 and 4 and communicate their decision to the concerned authority or the Committee. It is categorically recorded that no work will be awarded to Respondent No. 6 pursuant to the said tender till this issue is sorted out by Respondent Nos. 2 & 3 in this regard. The writ application stands disposed off. Shageer (Ajay Kumar Tripathi, J)