IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14296 of 2009 GREEN GOLD CONSTRUCTION(INDIA) Versus THE STATE OF BIHAR & ORS ----------- 2 22.12.2009 Heard learned counsel for the parties. The matter was adjourned on 30th October, 2009 by four weeks to enable learned counsel for the respondents to file counter affidavit. No counter affidavit has come to be filed till date. An Interlocutory Application No. 8102 of 2009 has been filed by the petitioner bringing certain subsequent development in the matter which has relevance to the dispute raised in the present writ application. The brief facts are that the petitioner’s name figured in the defaulter list issued on 31.7.2009 by the respondent Rural Works Department which is annexure-3 to the writ application. Petitioner’s name figured at serial no. 127. This list created impediment in the way of the petitioner’s participating of bidding in all future contracts for which bids were invited by the respondent. Some ground work came to be done and the matter now has been reconsidered by the respondent. They have realized that the name of the petitioner probably wrongly figured in the defaulter list vide annexure-14 dated 30.11.2009 and the petitioner has been taken of the defaulter list. Submission of learned Senior counsel on behalf of the petitioner is that in view of the subsequent decision dated 30.11.2009 there ought not to be any impediment in the way of the - 2 - petitioner’s participation or his earlier steps for participating in certain tenders issued by the respondent. From bare perusal of annexure-14 it is evident that the petitioner has been removed from the list of defaulter. It relates back to the initial notification dated 29.10.2009. If that be so, then any impediment created in the way of petitioner in view of the initial notification stands removed and shall relate back to the initial notification dated 29.10.2009 since annexure-14 does not indicate that the same shall be effected from the date of the notification. If the petitioner has been removed from the defaulter list then any impediment or disqualification in the meantime will relate back to the initial period when annexure-3 came to the issued. This writ application as well as the Interlocutory Application No. 8102 of 2009 now stand allowed and disposed of with the above declaration that the petitioner will have freedom to be considered and will participate in all tenders without any let and hitch provided there is no other legal impediment in his way. RPS (Ajay Kumar Tripathi,J.)