IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9965 of 2009 SRI AMIT KUMAR S/O SRI RAJENDRA SINGH PARTNER M/S RAJENDRA SINGH AND BROTHERS, BADRI NARAYAN BHAWAN, RATU ROAD RANCHI. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE ENGINEER-IN-CHIEF CUM ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE CHIEF ENGINEER (COMMUNICATION) NORTH BIHAR, UPBHAG, ROAD CONSTRUCTION DEPARTMENT, DARBHANGA. 4. THE SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, NORTH BIHAR CIRCLE, MUZAFFARPUR. 5. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, SITAMADHI, DISTRICT – SITAMADHI. ... ... RESPONDENTS. ----------- 3. 8.10.2009. Heard learned counsel for the petitioner and the State. Petitioner has submitted tender papers in response to notice inviting tender contained in Annexure-1, he succeeded at the time of opening of the technical as also the financial bid but before agreement could be executed in the light of the technical/financial bid submitted by the petitioner he was served with order bearing letter no.1504 dated 30.4.2009 (Annexure-4) whereunder he was debarred from undertaking future contract works in the department in the light of the order of the Executive Engineer, Road Division, Sitamarhi - 2 - contained in Memo No.607 dated 15.4.2009. It is submitted on behalf of the petitioner that the aforesaid order dated 30.4.2009 (Annexure-4) was the subject matter of C.W.J.C.No.10678 of 2009, which was disposed of under order dated 16.9.2009 directing the petitioner to represent against the order dated 30.4.2009 (Annexure-4) before the Engineer-in- Chief-cum-Additional Commissioner-cum-Special Secretary, who was the author of the order contained in letter no.1504 dated 30.4.2009 (Annexure-4) with further direction to the Engineer-in-Chief to dispose of the representation within three weeks, failing which the order bearing letter no.1504 dated 30.4.2009 (Annexure-4) was directed to be kept in abeyance. Counsel for the petitioner with reference to the order of the High Court dated 16.9.2009 passed in C.W.J.C. No.10678 of 2009 states and submit that as the representation of the petitioner filed against the order dated 30.4.2009 (Annexure-4) has not yet been disposed of the same has been kept in abeyance in compliance of the order of this Court dated 16.9.2009 and the authorities are duty bound to proceed and execute the agreement in the light of - 3 - N.H./ the technical/financial bid submitted by the petitioner and approved by the authorities pursuant to tender notice (Annexure-1). Let the Engineer-in-Chief considerf the aforesaid request of the petitioner provided petitioner files written representation before him annexing the orders of this Court dated 16.9.2009 as also the present order and the Engineer-in-Chief shall be obliged to pass order in accordance with law as early as possible in any case within one month from the date of receipt of the representation along with the two orders. Any decision taken by the authorities in terms of notice inviting tender dated 25.7.2009 published in Hindustan newspaper shall also be subject to the result of the order passed by the Engineer-in-Chief on the representation of the petitioner in the light of this order. This application is, accordingly, disposed of. ( V.N. Sinha,J.)