IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9610 of 2009 M/S VISHAL BUILTECH(INDIA)PVT LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT LG-1 & 2 MAJESTIC PLAZA, WEST BORING CANAL ROAD, PATNA-1, THROUGH IT’S DIRECTOR SRI VISHAL KUMAR SON OF SRI KARTIK KUMAR, RESIDENT OF MAJESTIC PLAZA, WEST BORING CANAL ROAD, PATNA-1. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, NATIONAL HIGHWAYS WING, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE CHIEF ENGINEER (TRAFFIC), NORTH BIHAR WING, ROAD CONSTRUCTION DEPARTMENT, DARBHANGA. 5. THE SUPERINTENDING ENGINEER, ROAD CIRCLE, ROAD CONSTRUCTION DEPARTMENT, SAHARSA. 6. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, KHAGARIA. ... ... RESPONDENTS. With CWJC No.9613 of 2009 M/S VISHAL BUILTECH(INDIA)PVT LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT LG-1 & 2 MAJESTIC PLAZA, WEST BORING CANAL ROAD, PATNA-1, THROUGH IT’S DIRECTOR SRI VISHAL KUMAR SON OF SRI KARTIK KUMAR, RESIDENT OF MAJESTIC PLAZA, WEST BORING CANAL ROAD, PATNA-1. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, NATIONAL HIGHWAYS WING, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS CIRCLE, ROAD CONSTRUCTION DEPARTMENT, PURNEA. 5. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS - 2 - DIVISION, ROAD CONSTRUCTION DEPARTMENT, MADHEPURA. ... ... RESPONDENTS. --------- 4. 7.10.2009. Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the decision of the Tender Committee dated 19.5.2009 (Annexures 2 and 3) where under the works contract allotted to the petitioner has been cancelled with reference to an order where under he was debarred from undertaking further works in the department. It is submitted on behalf of the petitioner that the debarment order bearing Memo No.420 dated 5.5.2009 was relied upon and communicated to the petitioner under letter no.2310 dated 2.7.2009 by the Engineer-in-Chief, which is contained in Annexure-4 and 5 to this application. The said order was the subject matter of challenge in writ petition bearing C.W.J.C. No.9507 of 2009, which was disposed of under order dated 13.8.2009 observing that the petitioner cannot be prohibited or restrained from taking party in any future tender pursuant to letter of the Engineer in Chief - 3 - N.H./ cum Addl. Commissioner cum Special Secretary, Road Construction Department, Bihar, Patna dated 2.7.2009 (Annexures 4 and 5) herein. Having heard learned counsel for the petitioner and counsel for the State Sri P.K. Verma, A.A.G.(XI), I direct the Tender Committee to reconsider its order dated 19.5.2009 (Annexures 2 and 3) in the light of the aforesaid order of this Court dated 13.8.2009 passed in C.W.J.C. No.9507 of 2009. It is however made clear that this Court has not expressed any opinion in the matter and it shall be within the discretion of the Tender Committee to either allot or not to allot any work to the petitioner in accordance with law. Both the writ applications are accordingly disposed of. ( V.N. Sinha,J.)