IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5768 of 2008 MAGADH MITHILA CONSTRUCTION PVT. & ANR. Versus THE STATE OF BIHAR & ORS ----------- 5 24.07.2008 The petitioner company and its Managing Director are before this court and challenged the actions of the Water Resources Department in not finalizing tenders in favour of the petitioner, which the petitioner had sought to file as apparent from the records. The tenders were filed by the petitioner on the basis of certificate of registration under the Bihar Contractors Enlistment Rules, the Water Resources Department received complain from petitioner’s driver that earlier petitioner was a partner in a partnership firm which firm had wrongly obtained the registration as a Class-I contractor on the basis of the forged bills. A notice was issued to the petitioners in that regard as to why action be not taken against him. The petitioner asserts that now that contract has already been assigned to someone else. The list department can do is to conclude list proceeding one way or the other as petitioners have already filed a show case. The petitioners now remaining grievances that without deciding the matter with regard to registration as a contractor, the petitioner is being kept out of tenders which is not fair nor reasonable. Having heard the parties, I am of the view that if the authorities suspect the genuineness and bona fide of a registration, they are entitled to initiate inquiry and/or proceedings, but having initiated those proceedings they cannot keep the same pending as that affects the work of the party. The proceedings in relation to the registration must be concluded within two months from the date of production of this order before the respondent No.4, the Chief Engineer, Water Resources Department, Samastipur. The order so passed should be a speaking order and would be communicated to the petitioners. With this direction the writ petition stands disposed of. Mkr. (Navaniti Prasad Singh, J)