IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11956 of 2009 1. M/S CHANDI ENTERPRISES, REGISTERED OFFICE AT NEW AREA(NEAR GALGHAR) AURANGABAD, THROUGH IT PROPRITER SHRI ANIL KUMAR SINGH. 2. ANIL KUMAR SINGH, SON OF LATE RAJENDRA PRASAD SINGH, NEW AREA(NEAR GALGHAR), P.S. TOWN AURANGABAD DISTRICT AURANGABAD---PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE ENGINEER IN THIEF-CUM-ADDITIONAL COMMISSIOINER-CUM-SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE CHIEF ENGINEER, SOUGH BIHAR NATIONAL HIGHWAY DEPARTMENT, BIHAR, PATNA. 5. THE SUPERINTENDENT ENGINEER, NATIONAL HIGHWAY CIRCLE DEHRI-ON-SON ROHTAS. 6. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, AURANGABAD ---RESPONDENTS. WITH CWJC No.12642 of 2009 1. M/S CHANDI ENTERPRISES, REGISTERED OFFICE AT NEW AREA(NEAR GALGHAR) AURANGABAD, THROUGH IT PROPRITER SHRI ANIL KUMAR SINGH. 2. ANIL KUMAR SINGH, SON OF LATE RAJENDRA PRASAD SINGH, NEW AREA(NEAR GALGHAR), P.S. TOWN AURANGABAD DISTRICT AURANGABAD---PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE ENGINEER IN THIEF-CUM-ADDITIONAL COMMISSIOINER-CUM-SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE CHIEF ENGINEER, SOUGH BIHAR NATIONAL HIGHWAY DEPARTMENT, BIHAR, PATNA. 5. THE SUPERINTENDENT ENGINEER, NATIONAL HIGHWAY CIRCLE DEHRI-ON-SON ROHTAS. 6. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, AURANGABAD ---RESPONDENTS. For the Petitioners : M/S Rajeev Kr. Singh, Alok Kr. Singh, Mirtyunjay Kumar, Advocates. For the State : Mr. AAG-11, Advocate. ----------- 03. 07.10.2009 Heard learned counsel for the petitioners and the State. 2. Petitioner is aggrieved by the order of the Executive Engineer, National Highway Division, Aurangabad bearing letter No. 509 dated 28.5.2009 whereunder he has been debarred from undertaking further contract works under the State of Bihar for his failure to complete the road laying contract work between 53 to 64 kilometers of national highway No. 98 under I.R.Q.P. works. 3. It is submitted on behalf of the petitioners that the road laying contract for N.H. No.98 between 53 to 64 kilometers was to be - 2 - executed within nine months from the date of issue of the work order and before the said period could end petitioner was debarred from undertaking further contract works under the State of Bihar vide letter No. 508 dated 28.5.2009 issued by the Executive Engineer, National Highway Division, Aurangabad even without giving him opportunity of being heard. Both the grounds have been specifically pleaded in paragraphs-6 and 18 of C.W.J.C. No. 11956 of 2009. 4. Appreciating the contents of two paragraphs of the writ petition this Court under orders dated 14.9.2009 directed the State Respondents to file counter affidavit so as to confirm the submissions raised in the two paragraphs. Till date the State Respondents have not filed any counter affidavit. In the circumstances, this Court has no option but to proceed on the basis of the averments made in the two paragraphs of the writ petition. 5. Having heard counsel for the parties, I direct the Executive Engineer, National Highway Division, Aurangabad to serve a copy of letter No. 509 dated 28.5.2009 on the petitioner within three days of the receipt/production of a copy of this order, whereafter the petitioner should challenge the contents of letter No.509 dated 28.5.2009 before the Engineer-in-Chief-cum-Additional Commissioner-cum-Secretary, Road Construction Department, Bihar, Patna, who shall call for the records from the division and verify from the records as to whether petitioner was served any notice before issue of the order contained in letter No. 509 dated 28.5.2009. The Engineer-in-Chief shall also verify whether the time allowed to the - 3 - petitioner to complete the road laying contract between kilometers 53 to 64 on N.H. No. 98 still subsisted. Having considered both the aspects of the matter the Engineer-in-Chief shall pass appropriate orders in accordance with law as early as possible, in any case within one month from the date of receipt of the memo of appeal/representation before the Engineer-in-Chief. Any tender paper submitted by the petitioner, in the meanwhile shall be subject to the result of the order passed by the Engineer-in-Chief. 6. The order rejecting the technical bid of the petitioner bearing Memo No. 1088 dated 14.7.2009, Annexure-1 in C.W.J.C. No. 12642 of 2009 shall also be subject to the result of the order passed by the Engineer-in-Chief. 7. Both the writ applications are, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)