IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16556 of 2008 Suraj Nirman Private Limited, Company registered under the Indian Companies Act, 1956, having its registered office at Suraj Complex, Dak Banglow, Bailey Road, Patna, through its Director Kanhaiya Kumar Singh, S/o-Late Ramnandan Singh, R/o- Suraj Complex Dak Banglow, Bailey Road, P.S.-Kotwali, District-Patna. ….. Petitioner. VERSUS 1. The State of Bihar through the Principal Secretary-cum-Commissioner, Road Construction Department, Bihar, Patna. 2. The Engineer-in-Chief-cum-Additional Special Secretary, Road Construction Department, Bihar, Patna. 3. The Executive Engineer, National Highway Division No. 2, Muzaffarpur. 4. The Executive Engineer, Flying Squad Division, Patna. …. Respondents. ******** Advocates for the Petitioner : Mr. Mrigank Mauli. Mr. Vinay Mistry. Advocate for the State : Mr. P.K. Verma, AAG-11. ******* 06 31.03.2009 The petitioner had come to this Court being aggrieved by the order of Engineer-in-Chief, Road Construction Department by which not only his contract was cancelled but he was blacklisted on alleged deficiency in his work. Various contentions were raised. Ultimately, in reply to the counter affidavit, petitioner admitted that he had filed a representation dated 18.06.2008 before the Principal Secretary, Road Construction Department, Government of Bihar, Patna against the aforesaid order, which has remained undisposed of. Mr. P.K. Verma, learned AAG-11 submits that Bihar Contractors Registration Rules, 2007 provide for a statutory appeal in terms of Rule 14 thereof, and in terms of Rule 11 d thereof, a statutory appeal is provided within 30 days. A perusal of the so called representation clearly shows that - 2 - under those very rules the so called representation was filed. In my view, the respondent-Principal Secretary shall treat the same as an appeal under those rules and decide the same on merits after hearing the parties. It goes without saying that if any document or report is required for by the petitioner the same would be supplied and a decision taken after granting full opportunity of hearing to the petitioner and disclosure of all materials to the petitioner within a period of three months from the date of production of a copy of this order before him. The writ petition is, accordingly, disposed of. Trivedi/ (Navaniti Prasad Singh,J.)