IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1173 of 2009 M/S DEO CONSTRUCTION, a partnership firm having its office at Old G. T. Road, Aurangabad (Bihar), through one of its partner Sri Kishori Singh, son of Sri Deo Sharan Singh, resident of Old G.T. Road, Aurangabad, P.S. Town Thana Aurangabad, District- Aurangabad (Bihar) ….Petitioner/Appellant Versus 1. The State of Bihar through the Secretary, Rural Works Department, Government of Bihar, Patna. 2. The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna. 3. The Chief Engineer-1, Rural Works Department, Government of Bihar, Patna. 4. The Superintending Engineer, Rural Works Department, Works Circle, Gaya. 5. The Executive Engineer, Works Division, Rural Works Department, Aurangabad. 6. Bhola Sharan Singh, son of- name not known to the petitioner, resident of Shahpur Tola, Pipardih, Aurangabad, District- Aurangabad …Respondents/Respondents ---------- For the appellant : Mr. Rajkishore Prasad, Advocate. For the respondent nos.1 to 5: Mr. J. P. Karn, AAG IX, with Mr. Siddarth Prasad, AC to AAG IX ----------- 2/ 09.09.2009 Heard Mr. Rajkishore Prasad, counsel for the petitioner and Mr. J. P. Karn, AAG IX, for the State. The petitioner had filed CWJC No.11035 of 2009 seeking for a direction to the official respondents to issue work order in his favour as he was the lowest bidder. Simultaneously, the present appellant had also filed a representation before the Secretary, Rural Works Department, Government of Bihar, Patna, vide Annexure-9 to the writ petition. The learned single Judge directed the Secretary, Rural Works Department, Government of Bihar, to dispose of such representation preferably within three weeks from the date of receipt of a copy of the order in accordance with law by further observing that it will be open to the Secretary to hear the parties. Such order was passed on 1.9.2009 - 2 - and thereafter it is stated that the appellant has filed a fresh representation on 7.9.2009. Counsel for the appellant submits that he was forced to file this appeal because of the fact that on coming to know the order passed by the learned single Judge, the Executive Engineer has issued work order by antedating the same. These are the factual disputes which can be considered and disposed of only by the competent authority i.e. the Secretary, Rural Works Department, Government of Bihar, Patna. Therefore, while upholding the order of the learned single Judge, we make it clear that it would be open to the present appellant to bring any such subsequent events to the notice to the Secretary, Rural Works Department, Govt. of Bihar, who will deal with the matter in accordance with law. It would also be open to the present appellant to file any application for stay before the Secretary, Rural Works Department, Government of Bihar, who will consider the same pass appropriate order. Such matter shall be decided within a maximum period of two weeks from the date of receipt/production of a copy of this order. The writ application is, accordingly, disposed of. JA/- (P. K. Misra, CJ.) (Anjana Prakash, J.)