IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1141 of 2011 In Civil Writ Jurisdiction Case No. 20770 of 2010 With Interlocutory Application No.5546 of 2011 In Letters Patent Appeal No.1141 of 2011 ====================================================== 1. Suraj Nirman Private Limited Company Registered Under The Indian Companies Act 1956 Office At Suraj Complex Dak Bunglow, Bailey Road, Patna Thru Director Kanhaiya Kumar Singh S/O Late Ramnandan Singh R/O Suraj Complex Dak Bunglow, Bailey Road, P.S.- Kotwali, Patna Petitioner.... .... Appellant/s Versus 1. The State Of Bihar through The Principal Secretary-Cum-Commissioner, Road Construction Department, Bihar, Patna 2. The Engineer in Chief-Cum-Additional-Cum-Special, Secretary, Road Construction, Bihar, Patna 3. The Executive Engineer, National Highway Division No.2 Muzaffarpur 4. The Executive Engineer, Flying Squad Division, Patna Respondents.... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Basant Kumar Choudhary, Sr. Advocate with Mr. Raj Kumar, Advocate. For the Respondent/s : Mr. Sunil Kr. Mandal, SC -24 Mr. Bipin Kumar, A.C. to S.C. -24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Re.- Interlocutory Application No. 5546 of 2011 2 17-08-2011 The delay of 29 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Patna High Court LPA No.1141 of 2011 (2) dt.17-08-2011 2 2 Re.- Letters Patent Appeal No. 1141 of 2011 This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the judgment and order dated 20th May 2011 passed by the learned single Judge in above C.W.J.C. No. 20770 of 2010. The appellant, a company registered under the Companies Act, 1961, is engaged in construction business. The appellant had been awarded contract for IRQO work from 9 K.M. to 17 K.M. between Hajipur and Muzaffarpur on National Highway No.77. By order dated 12th June 2008 the appellant has been blacklisted for the defects in the length of the road constructed/ repaired by the Company. The said order dated 12th June 2008 was challenged by the appellant under Article 226 of the Constitution in C.W.J.C. No. 11662 of 2009. Pursuant to the order dated 6th October 2009 made in the said C.W.J.C. No. 11662 of 2009, the appellant preferred Appeal before the State Government. The said Appeal came to be rejected on 21st January 2010. Feeling aggrieved, the appellant preferred above C.W.J.C. No. 20770 of 2010 under Article 226 of the Constitution. The said petition has been dismissed by the learned single Judge by impugned judgment and order dated 20th May 2011. Therefore, the present Appeal. Learned advocate Mr. Basant Kumar Choudhary has Patna High Court LPA No.1141 of 2011 (2) dt.17-08-2011 3 3 appeared for the appellant. He has submitted that the appellant has been furnished the test report submitted by the office of the Deputy Director of Testing and Research Institute of the Road Construction Department, Government of Bihar. He has submitted that the test report was made in respect of the length of the road commencing from 0 K.M. to 25 K.M. Admittedly, the appellant has not constructed/ repaired the entire length of road. The appellant, therefore, cannot be held liable for any defect in the said length of road. He has further submitted that the appellant has not been furnished copy of the Laboratory test report. The appellant has also suffered financial loss on account of withholding of part of the bill amount and imposition of fine. Now the appellant has been blacklisted. The appellant has thus suffered triple jeopardy. We see no substance in the submissions made by Mr. Choudhary. It is true that the entire length of road from 0 K.M. to 25 K.M. was inspected. The report made against the appellant is in respect of the length of road from 9 K.M. to 17 K.M. which length admittedly was constructed/ repaired by the appellant. The description of the defects mentioned in the report is in connection with the potholes and cracks found on the said length of the road. Such defects can be ascertained by a visual inspection. No Laboratory test can be made or is required for detecting such defects. It is not even denied that the road constructed/ repaired by Patna High Court LPA No.1141 of 2011 (2) dt.17-08-2011 4 4 the appellant did not have the aforesaid defects. If any amount has been deducted from the bills of the appellant for inferior quality of construction/ repair, it cannot be said to be a penalty nor can the appellant be said to have suffered double jeopardy on account of deduction of certain bill amounts and blacklisting as well. The impugned order of blacklisting of the appellant has been made after giving due opportunity to the appellant. The principle of natural justice having been answered, this Court exercising power of judicial review under Article 226 of the Constitution, cannot interfere with the finding of facts recorded by the respondent authorities; nor can the Court sit in appeal over the administrative order of the State Government made in compliance with principle of natural justice and in consonance with the relevant rules. No case for interference is made out. Appeal is dismissed in limine. BTiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)