IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6378 of 2010 1. ABHAY CONSTRUCTION THROUGH ABHAY KUMAR SINGH PROPRIETOR OF ABHAY CONTRUCTION S/O SRI RAMESHWAR SINGH R/O LAKSHMI NAGAR, PISKA MOOR, P.O.HELAL, RATU ROAD, P.S.HELAL, DISTT- RANCHI Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT , NATIONAL HIGHWAY PATNA, BIHAR 3. THE ENGINEER-IN-CHIEF /SPECIAL SECRETARY ROAD CONSTRUCTION DEPARTMENT , NATIONAL HIGH WAY WING PATNA, BIHAR 4. THE CHIEF ENGINEER , N.H. WINGH ROAD CONSTRUCTION DEPARTMENT NATIONAL HIGHWAY WING PATNA, BIHAR 5. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY CIRCLE MUZAFFARPUR 6. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION CHAPRA ----------- 2 15/04/2010 The Court fails to understand the conduct of the respondents which has compelled the petitioner to approach the High Court second time. According to the petitioner he did bid for a notice inviting tender in relation to N.H. 102. He was a successful bidder alright but no final settlement or agreement came to be made within the specified time frame. In terms of clause 15 of the Standard Bidding Document Procurement Part I and the instructions rendered therein the respondents authorities are bound to decide the bid within 120 days but in the present - 2 - case it was not done. Petitioner lost interest and he conveyed his decision to the respondents and also demanded refund of his earnest money. When nothing came to be done, he approached the High Court in C.W.J.C. No. 10344 of 2009. High Court disposed of the writ application with a direction upon the Engineer-in-Chief, Road Construction Department, National Highway Wing, Patna to take a decision on the claim of the petitioner. The matter was heard and final decision contained in Annexure-8 has come to be passed on 16.11.2009. The claim of the petitioner was found to be in order and there is a direction that the earnest money ought to be returned. Despite the order dated 16.11.2009, nothing has come to be done and, therefore, the present writ application has been filed. In view of the above, this writ application is disposed of with a direction upon the Executive Engineer, National Highway Division, Chapra (respondent no. 6) that he shall ensure that the earnest money of the petitioner is refunded to him within two weeks from the date of receipt or communication of a copy of this order. If this payment is not - 3 - made, then the petitioner would be entitled to interest at the rate of 6 per cent per annum from 16.11.2009 till the date the payment is made. If there is further delay, then respondent no. 6 may be held personally responsible and the Engineer-in- Chief will be duly informed of his conduct who will be free to take appropriate action against him for non compliance of his order as well as the direction of this Court. This writ application is disposed of with the observation aforesaid. AMIN (Ajay Kumar Tripathi, J.)