IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9226 of 2009 M/S AJANTA CONSTRUCTION COMPANY Versus THE STATE OF BIHAR & ORS ----------- 2 6.8.2009 Learned counsel for the petitioner is permitted to implead Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna as respondent no.4. The petitioner was allotted contract work for widening and strengthening of Khagaria-Parihara-bakhari road from 1 K.M. to 9 K.M. as well as widening and strengthening of Parbatta-Sultanganj Ghat under Road Division, Khagaria for the year 2007-08. The petitioner was allotted the aforesaid work vide agreement no.2/SBD/2006-07 and 1/SBD/2007-08 dated 11.4.2007. On 4.2.2007 the petitioner intimated the Executive Engineer that on account of damage of Kahalgaon Road-Bridge the route has became lengthier by 71 KMs and as such he pleaded for meeting the excess transportation cost. The grievance of the petitioner is that the Executive Engineer vide his letter no.189 dated 16.3.2009 rescinded the agreement and forfeited the security money including the earnest amount. The petitioner moved the Superintending Engineer who by his letter no.744/778 dated 20.4.2009 has observed that the petitioner would be given an opportunity to complete the work for the reasons mentioned therein. Learned counsel for the petitioner submits that a fresh tender has been floated on 24.6.2009 by the Executive Engineer, Road - 2 - KHAN Division, Khagaria which was published in the Dainik Jagaran for widening and strengthening of Parbatta-Sultanganj road which was earlier allotted to the petitioner. Mr. P.K. Verma, learned A.A.G.11 states that the Executive Engineer had cancelled the contract as the petitioner had not carried out the work within time. After hearing counsel for the parties, this court observes that the petitioner may make an application before the Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna, respondent no.4 raising all his grievances, who would dispose of the same by a speaking order expeditiously and preferably within four weeks after considering both the letter no.189 dated 16.3.2009 of the Executive Engineer as well as memo no.744/778 dated 20.4.2009 of the Superintending Engineer. In the meantime, the tender would not be finalized. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)