IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10869 of 2009 M/S SHIVANSH PROJECTS PVT.LTD. Versus THE STATE OF BIHAR & ORS ----------- 3 18.09.2009. The petitioner states that he has been restrained from participating in future tender in view of memo no. 2310 dated 2.7.2009 issued by Engineer in chief, respondent no.3 contained in annexure 6, whereby he has been restrained from participating in other tenders. The petitioner states that the aforesaid restrain order has been passed as for slow process of work in respect of tender allotted to him vide annexure 3. He further submits that he has completed more than 80 percent of the work of the aforesaid project. He also states that the condition mentioned in standard bidding documents would not be applicable in the said tender as the valuation of the tender is not more than two crores. Mr P.K. Verma submits that the petitioner has only been restrained for carrying the ongoing project because of slow work performed by him in connection with tender allowed to him vide annexure 3. This court is of the view that if the petitioner by now has completed more than 80 percent of the work allotted to him, respondents may not restrain him from participating in future tender. The aforesaid aspect is to be decided by the department itself whether the petitioner has completed 80 percent of the work or not. In case, the petitioner files a fresh representation before - 2 - respondent no.3, he will pass order in terms of observations made after verifying the present work. The aforesaid order must be passed preferably within two months form the date of receipt of representation along with a copy of this order. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)