IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20098 of 2010 M/S DAYANAND PRASAD SINHA & CO. AT JANTA PATH, P.S. KANKARBAGH, DISTRICT PATNA 20, A PARTNERSHIP FIRM THROUGH ITS MANAGING PARTNER DAYANAND PRASAD SINHA, S/O SHRI HARBANSHI LAL, RESIDENT OF JANTA PATH, P.S. KANKARBAGH, DISTRICT AND IN THE TOWN PATNA………………………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHEWESHRAIYA BHAWAN, BAILY ROAD. 2. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHEWESHRAIYA BHAWAN, BAILLY ROAD, PATNA 3. THE SPECIAL OFFICER-CUM-DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHEWESHRAIYA BHAWAN, BAILY ROAD, PATNA. 4. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY, ROAD DIVISION COCHUS DISTRICT BHABHUA …….RESPONDENTS. For the petitioner : Mr. Chandrashekhar, Sr. Advocate with Mr. L.B. Singh, Advocate. For the State : Mr. P.K. Verma, AAG.-XI with Mr. Saroj Kumar Sharma, AC to AAG-XI ----------- 02 14.12.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order of blacklisting dated 06.12.2010 (Annexure-7) passed by Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna (respondent no.2) and for a direction to the respondents not to act upon the order of blacklisting dated 06.12.2010 which was passed without application of mind and without considering the show-cause reply given by the petitioner and without following the - 2 - principles of natural justice. 3. It is quite apparent that in such matters there is a provision of appeal under Rule 11(gha) of Bihar Contractors Registration Rules, 2007 but without utilizing that remedy the petitioner has moved this court. Hence after some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to file statutory appeal. 4. Accordingly, this writ petition is disposed of with the aforesaid liberty to the petitioner and if the petitioner files the said statutory appeal within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the pendency of this writ petition and shall decide the appeal on merits in accordance with law. If the petitioner seeks any interim order, he may move before the appellate authority for the same which should be decided by the appellate authority immediately. Harish (S.N. Hussain, J.)