IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20747 of 2010 M/S Ramnandan Singh, a partnership firm having its office at Jhari, P.O. Kalapahar Tendua, District-Aurangabad, Bihar, through its Partner Sri Ramnandan Singh son of Late Keshav Singh, resident of village- Jhari, P.O. Kalapahar Tendua, P.S. Tandwa, District-Aurangabad, Bihar. …….Petitioner. Versus 1. The State of Bihar through the Secretary, Rural Works Department, Government of Bihar, Patna. 2. The Secretary, Rural Works Department, Government of Bihar, Patna. 3. The Chief Engineer (South Bihar), Rural Works Department, Government of Bihar, Patna. 4. The Superintending Engineer, Rural Works Department, Works Circle, Gaya. 5. The Executive Engineer, Rural Works Department, Works Division, Aurangabad, Bihar. ……..Respondents. ----------- For the petitioner : M/s Raj Kishore Prasad & Tej Bahadur Roy, Advocates. For the State : A.C. to A.A.G.-1. -------- 04/ 06.01.2011 Heard learned counsel for the petitioner and learned counsel for the respondents-State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for a direction to the respondents to grant extension of time for completion of work as recommended by the Executive Engineer and accordingly to direct the respondents authorities to pay back the penalty/deductions of 10% from the bill of the petitioner on account of delay in completion of the work and also for directing the respondents to pay actual cost of bitumen utilized by the petitioner in execution of the contract awarded to the petitioner vide Agreement No.4F2/2006-07 dated 21.07.2006 and 1F2/2007- 08 dated 14.04.2007 in terms of the provisions of Clause 10CA of - 2 - the Standard Bidding Document as issued by the State Government and also restraining the respondents from discriminating amongst the contractors and depriving the petitioner from getting actual cost of bitumen utilized by the petitioner and for other ancillary reliefs. 3. Learned counsel for both the parties agree that similar point has been decided by a Bench of this Court in CWJC No.5859 of 2009 vide order dated 04.12.2009 except that in the earlier case the matter was pending before the Chief Engineer, whereas in the instant case the matter was earlier pending before the Superintending Engineer. It is stated that the Executive Engineer is the authority who can grant extension of time in terms of Clause 5 of the agreement and hence recommendation for extension of time having been made by the Executive Engineer in favour of the petitioner, there was no occasion for refusal by any of the authorities to grant extension of time without any valid and specific reason. 4. Since there is failure on the part of the respondents to indicate as to why the authorities have suddenly taken an about- turn in this regard, the matter is remanded to Chief Engineer (South Bihar), Rural Works Department, Govt. of Bihar, Patna (respondent no.3) to reconsider the matter and to take a decision expeditiously, preferably within three months from the date of production/communication of this order. Accordingly, this writ petition is disposed of. Sunil (S. N. Hussain, J.)