IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8963 OF 2009 M/S MAGADH CONSTRUTION WORKS VERSUS (1) THE STATE OF BIHAR (2) THE PRINCIPAL SECY, RCD, BIHAR (3) THE ENGINEER IN CHEF CUM ADDL COMMISSIONER (4) CUM SPECIAL SECY, RCD, BIHAR (4) THE S.E. MAGADH ROAD CIRCLE RCD,GAYA (5) THE EXECUTIVE ENGINER, RCD, ROAD DIVISION NO.1, JEHANABAD AND (6) THE EXECUTIVE ENGINEER RCD, ROAD DIVISION NO.1, GAYA. ----------- 2 31.07.2009. Heard learned counsel for the parties. A list of contractors was prepared who failed to execute 80 percent of work within the time schedule. These contractors in view of various letter of the Road Construction Department, namely, 17.3.2009, 20.4.2009 and 28.4.2009 were debarred from taking part in further tenders till they completed the work allotted to them. The letter dated 30.4.2009 issued by Engineer in chief cum Additional Collector is appended as annexure 1 to this application, whereunder name of the petitioner figured at serial no.31. In short, case of the State is that the petitioner did not complete 80 percent of work of Makhdumpur-Sonwa-Hulasganj Road as well as Dadreji Anti- Rafiganj road. Learned counsel for the petitioner states that respondents have committed error of record by referring to Dadreji Anti-Rafiganj Road as he has completed the total work as would appear from memo no. dated 21.5.2009 of the Executive Engineer, Road Construction Division. So far as Makhdumpur-Sonwa-Hulasganj Road is concerned, there is time till 9.11.2009 for completing the work. - 2 - Moreso, it would appear from letter of the Executive Engineer, dated 11.7.2009 that one year time elapsed in taking approval of revised estimate. Thus he submits that he cannot be penalized for non completion of work. So far as Makhdampur-Sonawa-Hulasganj Road is concerned he claims to have completed 90 percent of work. Learned counsel also submits that he has filed a representation before the Executive Engineer giving details of the work completed by him. Mr P.K.Verma states that it is the claim of the petitioner that he has done 90 percent of the work which needs to be verified. After hearing the parties, this court observes that if the petitioner files a detailed representation in continuation of his earlier representation contained in annexure 5, the Engineer in chief would dispose of the same within a month from the date of receipt of the order. In case he finds that work done by the petitioner is less than 80 percent of the work entrusted to him pursuant to the tender in question, he would pass order restraining the petitioner from participating in future tender. In the meantime, the petitioner could not be debarred from participating in other tenders which will be subject to the final order to be passed by the Engineer in chief. The writ petition is disposed of. Shashi (S. P. Singh, J.)