IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9832 of 2006 M/S DEBASHREE CONSTRUCTION(INDIA) PVT. LTD. Versus THE STATE OF BIHAR & ORS ----------- 17. 20.8.2008 The main grievance of the petitioner is that on the basis of a contract for repairing of a portion of National Highway, the petitioner had completed the entire work under the contract and the bills had also been prepared by the Executive Engineer concerned but subsequently on his transfer the new Executive Engineer who came in his place found that the work had not been done according to the specifications given in the notice inviting tender and had thereafter closed the contract by the impugned order dated 25.4.2006. Learned counsel for the petitioner submits that the petitioner was not given an opportunity to explain the entire facts to the new Executive Engineer since whatever he had done was after duly informing the previous Executive Engineer and on the basis of the instructions given by him and as a matter of fact he has completed the entire repairing works in accordance with the terms and conditions of the contract. It is also pointed out that the petitioner has given a detailed reply to the impugned letter dated 25.4.2006 by a subsequent letter dated 5.5.2006 (Annexure- 6) addressed to the Executive Engineer, National Highway Division, Aurangabad but no further steps have been taken pursuant to the same. On a consideration of the facts and circumstances of the case and considering that various disputed issues are involved, this Court does not consider it a fit case to be decided in its writ - 2 - jurisdiction. The matter is accordingly disposed of with a liberty to the petitioner to file a detailed representation before the Executive Engineer, National Highway Division, Aurangabad within a period of two weeks from today who shall consider the same in accordance with law and shall pass a reasoned order in case he decides to reject the claims of the petitioner. It is made clear that the order dated 25.4.2006 shall not stand in the way of the Executive Engineer to reconsider the matter after giving proper hearing to the petitioner. Let the matter be finally decided within a period of three months from the receipt of the representation of the petitioner. P. Kumar (Ramesh Kumar Datta, J.)