IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.514 of 2011 Birendra Kumar Sinha, son of late Kamlakant Prasad of Mohalla Aliganj, Police-Station & District Banka. …….Petitioner. Versus 1. The State of Bihar through Commissioner, Building Construction Department, South Bihar, Wing, Bihar, Patna. 2. Chief Engineer, Building Construction Department, South Bihar, Wing Bihar, Patna. 3. Commissioner, Bhagalpur Division, Bhagalpur. 4. Executive Engineer, Building Construction Division, Banka. ……Respondents. ----------- For the petitioner : Mr. Shivesh Chandra Mishra, Advocate. For the respondents : Mrs. Sourendra Pandey, A.C. to S.C.-23. ----- 03/ 19.01.2011 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This petition has been filed by the petitioner challenging letter dated 10.03.2010 (Annexur-2) issued by the Executive Engineer, Building Division, Banka informing that on 01.02.2010, the Divisional Commissioner, Bhagalpur had directed that all the pending schemes of 2007-2008 must be completed by 15.02.2010, but in spite of written and oral information the petitioner had not completed his schemes and as a result vide office order dated 03.10.2009 the petitioner had been declared to be incompetent in all future tenders and explanation was called from the petitioner as to why his name should not be included in the black list. 3. Learned counsel for the petitioner submits that 11 schemes were to be completed by him out of which he has already - 2 - completed 8 schemes within time, but the remaining 3 schemes could not be completed within time due to his serious ailment for which he was hospitalized at Bombay. 4. After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to file an appropriate application in that regard before the Divisional Commissioner of Bhagalpur. 5. Accordingly, this writ petition is disposed of with the aforesaid liberty to the petitioner. If the petitioner files such an application along with a copy of this order and all relevant documents before the Divisional Commissioner within three weeks from today, the said authority shall decide the same in accordance with law within two months thereafter. Sunil (S. N. Hussain, J.)