IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10678 of 2009 SRI AMIT KUMAR Versus THE STATE OF BIHAR & ORS ----------- 4 16.9.2009 The petitioner prays for quashing the order contained in memo no.1504 dated 30.4.2009 (Annexure-5/A) issued by the respondent no.2 debarring him from participating in other tender. The aforesaid memo contained the list of contractors who have been declared defaulters and the name of the petitioner figures at Sl.No.10. It would appear that the petitioner was debarred from participating in other tender pursuant to memo no.607 dated 15.4.2009 issued by the Executive Engineer till he completes the on going work relating to Narha-Dumri Path from 0 – 8 K.Ms. It would further appear from Annexure-3 that the respondent no.3 had himself directed the petitioner to start work leaving 1 and 2 KMs from the beginning of the disputed land of work site. The petitioner submits that the revised estimate was approved on 9.1.2009 and in spite of all the hindrances he had completed about 80% of the work and had received payment to the tune of Rs.3,03,59,878/-. After hearing counsel for the parties, this court observes that if respondent no.2, the Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Road Construction Department, Patna finds that leaving 1 and 2 KMs from the beginning of the disputed land of work site the 2 KHAN petitioner had completed 80% of the remaining work, he would pass appropriate order lifting the embargo imposed on him from participating in other tender. Further, if the petitioner files a representation to the aforesaid effect before the respondent no.2 the Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Road Construction Department, Patna, he would dispose of the same within three weeks from the date of filing of the same. In case the representation is not disposed of within the aforesaid period, the order debarring him from participating in other tender would be kept in abeyance. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)