IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4706 of 2010 BINOD KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr.Ram Balak Mahto, Sr. Advocate Mr. R.N.Dubey, Advocate For the State: SC-21 For Respondent No.8 Mr. N.K.Agrawal, Sr. Advocate For the Corporation:Mr. R.S.Pradhan, Sr. Advocate ---------- 3 30.4.2010 Heard learned counsel for the parties. Learned Senior counsel representing the petitioner very vehemently states that respondent no.8 was black listed for not entering into a contract with the respondent when the tender was finalized. Black listed candidates are not entitled to participate or be awarded contract under the Corporation. Learned Senior counsel representing respondent no.8 however submits on the basis of the documents that his earnest money or security deposit was forfeited because he did not enter into agreement after award of the tender in the year 2006-07. This ground does not amount of black listing and same cannot be a ground for rejection of his tender. Learned Senior counsel for the petitioner thereafter submits that he can well establish that respondent no.8 was black listed. If he has evidence of the same or he could bring the same before the concerned authority, the matter may require reconsideration, if not the award of contract to respondent no.8 will rest. The Corporation will take into consideration the - 2 - fact that in CWJC No. 1267 of 2010 the recommendation made in favour of Vikas Bharti, respondent no.4 has been struck down. If there are consequences flowing thereafter in favour of present petitioner that will be looked into by the Corporation. This writ application stands disposed of as above. RPS (Ajay Kumar Tripathi,J.)