IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9702 of 2009 ARVIND KUMAR with CWJC No.9703 of 2009 M/S BANWARIA CONSTRUCTION PVT. Versus THE STATE OF BIHAR & ORS ----------- 2 18.08.2009. Having heard the parties the instant writ petitions are being disposed of by this common order. Petitioners were debarred from participating in their respective tenders on the ground that they did not complete tender work allotted to them. Learned counsel for the petitioners submits that that they did not complete the work because of naxal menace and disputes over the land concerning road construction work, as such, for circumstances beyond their control, they may not be penalized and debarred from future tender. In support of contention, petitioners referred to annexure 2, letter of Executive Engineer, Rural Works Department, Works Division, Gaya written to Chief Engineer, Rural Works Department, Bihar whereunder he has recommended for not debarring petitioners from taking part in future tender on account of their being defaulter in completing earlier - 2 - tender work hampered from naxal activities and land dispute. It appears the Executive Engineer has made such recommendation on the undertaking of petitioners that they would complete the pending work till 30.9.2009. In view of the above, this court observes that if petitioners represent before respondent no.3, he would look into the matter and decide whether restraining them from taking part in future tender is justified in view of letter dated 31.7.2009, annexure 2 and pass necessary order within two months. They would also agitate before him that they may be allowed to take part in future tender, till final decision on their representation is taken by him. The writ petitions stand disposed of with the aforesaid observations and directions. Shashi (S.P.Singh, J.)