IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1153 of 2009 M/S SHALIGRAM SINGH, A REGISTERED FIRM HAVING ITS OFFICE AT NEW AREA, AURANGABAD (BIHAR) AND REGIONAL OFFICE SURESH COLONY, HAZARIBAGH (JHARKHAND) THROUGH ITS PROPRIETOR SHALIGRAM SINGH, SON OF LATE YADUNANDAN SINGH, RESIDENT OF VILLAGE DEOKALI, POLICE STATION DAUDNAGAR, DISTRICT AURANGABAD (BIHAR) …… APPELLANT Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, VISHVESHWERIYA BHAWAN, BAILEY ROAD, PATNA 3. THE CHIEF ENGINEER (COMMUNICATION), NORTH BIHAR WING, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, SUPAUL 5. THE ASSISTANT ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD SUP. DIVISION, RAGHUPUR, SUPAUL 6. THE SUPERINTENDING ENGINEER, ROAD CIRCLE, ROAD CONSTRUCTION DEPARTMENT, SAHARSA …… RESPONDENTS ----------- For the Appellant : Mr. Y.V.Giri, Senior Advocate Mr. Niranjan Kumar, Advocate Mr. Raj Kishore Prasad, Advocate For the Respondents : Mr. P.K.Verma, A.A.G.XI Mr. S.R.Sharan, A.C. to A.A.G.XI --------- 2. 7.9.2009 Heard Mr. Y.V. Giri, Senior Advocate, for the appellant and Mr. P.K. Verma, A.A.G.XI, for the respondents. The present appellant had filed C.W.J.C.No.10718 of 2009 being aggrieved by letter no.1038 dated 4th July, 2009 which had been annexed as Annexure-7 (corresponding to Annexure-9 in the present appeal). The learned Single Judge after hearing Counsels of both the parties disposed of such writ petition by making an observation that the petitioner can file a representation before the Engineer-in-Chief for recalling the order and if 2 any such representation is made the same would be disposed of within three weeks from the date of receipt/production of a copy of the order. Instead of filing representation, the appellant has filed the present appeal. After hearing the Counsels of both the parties at length, we do not find how the appellant would be prejudiced if makes a representation before the Engineer-in-Chief. Be that as it may, we dispose of the appeal by observing that if the representation is made explaining all the circumstances for the alleged delay in completion of the work, such representation would be considered on its own merit by the Engineer-in-Chief as expeditiously as possible preferably within two weeks from the date of receipt of such representation. If the appellant has filed any bid before any authority, such bid may be considered on its own merit in accordance with the bidding documents applicable. Narendra/ ( P. K. Misra, CJ. ) ( Anjana Prakash, J. )