IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9507 OF 2009 M/S VISHAL BUILTECH(INDIA)PVT. THROUGH ITS DIRECTOR SRI VISHAL KUMAR S/O SRI KARTIK KUMAR, MAJESTIC PLAZA, WEST BORING CANAL ROAD, PATNA-1. VERSUS (1) THE STATE OF BIHAR THROUGH SECRETARY ROAD (2) CONSTRUCTION DEPARTMENT , BIHAR (3) THE ENGINEER IN CHIEF , ROAD CONSTRUCTION DEPARTMENT , BIHAR (4) THE CHIEF ENGINEER , NATIONAL HIGHWAYS WING, ROAD CONSTRUCTION DEPARTMENT , BIHAR (5) THE SUPERINTENDING ENGINEER NATIONAL HIGHWAYS CIRCLE, ROAD CONSTRUCTION DEPARTMENT PURNEA (6) THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS DIVISION, ROAD CONSTRUCTION DEPARTMENT MADHEPURA ----------- 2 13.08.2009. Heard learned counsel for the parties. The petitioner has come to this court for quashing order vide letter no. 420 dated 5.5.2009, issued by Executive Engineer by which the petitioner has been held to be guilty under clause 4.8 of the Standard Bidding Documents for non completion of the work awarded to him for improvement of National highway No. 107 in between 37 to 40 kilometers vide agreement no. 09 SBD of 2007-08. Learned counsel for the petitioner submits that except for road marking and signage work, he has completed almost work assigned to him under the agreement which is also evident from letter no. 1743 dated 28.7.2009, written by the Chief Engineer contained in annexure 9. In view of the above, this court observes that the petitioner cannot be prohibited or abstained from taking part in any future tender pursuant to letter of the Engineer in chief cum Addl Commissioner cum Special Secretary, Road Construction Department, Bihar, Patna dated 2.7.2009 contained in annexure 10 on the ground of lacunae in respect of work covered under the agreement. However, this order will be subject to any further verification of work done by the petitioner made by the department in - 2 - respect of completion of work under agreement. The writ petition stands disposed of with the aforesaid observations or directions. Shashi (S.P.Singh, J.)