IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10574 of 2009 MAHENDRA SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 27.8.2009 The petitioner prays for quashing the letter no.488 dated 17.4.2009, contained in Annexure-8; letter no.770 dated 1.6.2009, contained in Annexure-9 and letter no.858 dated 16.6.2009, contained in Annexure-11. The petitioner was awarded contract under agreement no.3F2 of 2008-09 for execution of IRDP work of Ara-Barhara-Akona Road. The work was to start on 14.1.2008 and the date of completion of the work was 20.3.2008 and the value of the work was Rs.83,05,137.00. The petitioner submits that on account of unavoidable circumstances as enumerated in the affidavit contained in Annexure-2, he could not complete the work. He further submits that respondents instead of addressing the affidavit filed by the petitioner, by memo no.488 dated 17.4.2009 has debarred him from participating in all future tenders of Road Construction Department. The aforesaid view was again expressed by the Executive Engineer vide his memo no.770 dated 1.6.2009, contained in Annexure-9, whereby the contract was also rescinded and earnest money as well as security money were forfeited. The petitioner submits that the escalation price in respect of the Bitumen was also not adjusted. Mr. P.K. Verma, learned Addl. Advocate General states that it would appear from letter dated 1.6.2009, contained in Annexure-9, - 2 - KHAN of the Executive Engineer as well as letter dated 17.4.2009 contained in Anenxure-8 that time period for completion of the work was extended twice. He submits that the petitioner till then done only 23% of the work and due to the aforesaid reasons the agreement has been rescinded and earnest money and security money were forfeited. After hearing counsel for the petitioner, this court observes that if the petitioner files a representation before the Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Road Construction Department, Patna, respondent no.3 raising all his points which he has taken before this court including the points raised in the affidavit contained in Anenxure-3, he would pass necessary orders within a period of four weeks from the date of receipt of the representation. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)