IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1162 of 2011 In Civil Writ Jurisdiction Case No. 13505 of 2010 ====================================================== M/S Vatsa Construction Pvt. Ltd., Kasturba Path, North Sri Krishna Puri, Patna, P.S.- Sri Krishna Puri, Distt.- Patna through its Director Sri Kishore Kumar Singh S/o Late Janki Prasad Singh, R/o Kasturba Path, North Sri Krishna Puri, Patna, P.S.- Sri Kishna Puri, Distt.- Patna ....Petitioner .... Appellant Versus 1. The State of Bihar, through the Secretary, Road Construction Department, Visheshwaraiya Bhawan, Patna. 2. The Secretary, Road Construction Department, Visheshwaraiya Bhawan, Patna. 3. The Engineer-In-Chief Cum Additional Commissioner Cum Special Secretary, Road Construction Department, Bihar, Patna Visheshwaraiya Bhawan, Patna. 4. The Chef Engineer, Kendriya Nirupan Sanghatan, Road Construction Department, Bihar, Patna. 5. The Chief Engineer (Yatayat), North Bihar Upbhag, Road Construction Department, Darbhanga. 6. The Superintending Engineer, Road Construction Department, North Bihar Circle, Muzaffarpur. 7. The Executive Engineer, Road Construction Department, Road Division, Sitamadhi, Distt.- Sitamadhi. ....Respondents .... Respondents ====================================================== Appearance : For the Appellant : Mr. Abhay Kumar Singh, Sr. Advocate with Mr. Sheo Narayan Singh, Advocate For the Respondents : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER Patna High Court LPA No.1162 of 2011 (2) dt.12-09-2011 2 (Per: HONOURABLE THE CHIEF JUSTICE) 2 12-09-2011 Feeling aggrieved by the judgment and order dated 27th June 2011 passed by the learned single Judge in above CWJC No.13505 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant, a Government contractor, has been blacklisted under Rule 11(K), (ii), (v) of the Bihar Contractor Registration Rules, 2007 on account of his failure to carry out the road widening contract awarded to the appellant in the year 2006- 07. The challenge to the said order in departmental appeal and before the learned single Judge has failed. Therefore, the present Appeal. Learned Advocate Mr. Abhay Kumar Singh has appeared for the appellant. He has submitted that the impugned order of blacklisting amounts to taking away the livelihood of the appellant forever. He has submitted that the impugned order of blacklisting was made in absence of the appellant. The appellant did not have adequate opportunity to show cause. He has submitted that at the relevant time the appellant was in judicial custody. The appellant, therefore, could not submit his reply to the show cause. Mr. Abhay Kumar Singh has also submitted that the appellant has suffered multiple jeopardy for the appellant has to pay penalty, the extra amount paid by the Government for completion of the road widening work will be recovered from the appellant and that the appellant has also been blacklisted. Patna High Court LPA No.1162 of 2011 (2) dt.12-09-2011 3 We see no merit in this Appeal. The learned single Judge has rightly dismissed the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Anjani /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)