IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3628 of 2010 M/S B.K.Singh and Company through Sri Binod Kumar Singh S/o Late Chandra Bhushan Singh, Mohanpur Road, near-Nakku Sthan, P.O.+P.S.+District-Samastipur. …….Petitioner. Versus 1. The State of Bihar. 2. The Secretary Rural Works Department, Govt. of Bihar, Patna. 3. Chief Engineer-4, Head Quarter, Rural Work Department, Govt. of Bihar, Technical Secretariat, Patna. 4. The Chief Engineer-1, Rural Works Department, Govt. of Bihar, Technical Secretariat, Patna. 5. The Executive Engineer, Rural Works Department, Work Division Sheikhpura, P.O. + P.S.+ District-Sheikhpura. ……Respondents. ----------- For the petitioner : Mr. Bipin Bihari Singh, Advocate. For the respondents : Mr. A.Amanullah, G A -4 with Mr. Arun Kumar, A C to G A-4 ------------ 05/ 25.01.2011 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 order dated 21.01.2010 by which the Chief Engineer- 1, Rural Works Department, Govt. of Bihar, Patna (respondent no.4) cancelled the tender of the petitioner in view of clause-27 of the agreement in connection with the works under the Chief Minister Road Construction Scheme from NH-80 Kajra Road to Mustafapur Road for construction and maintenance for five years. 3. The specific claim of the petitioner is that initially the authorities had passed orders in favour of some other persons, but the Secretary, Rural Works Department, Govt. of Bihar, Patna (respondent no.2) rejected that order and directed the authorities to pass an order in accordance with law, but without considering the - 2 - said order of the Secretary, the Chief Engineer had taken the impugned action. 4. In the aforesaid facts and circumstances, learned counsel for the petitioner seeks permission to withdraw this petition in order to move the Secretary, Rural Works Department, Govt. of Bihar, Patna (Respondent no.2) for appropriate orders. 5. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. If the petitioner files such a representation before the Secretary, Rural Works Department, Govt. of Bihar, Patna (respondent no.2) within fifteen days from today along with a copy of this order and relevant materials, the said authority shall consider the same and decide it by a speaking order in accordance with law within two months thereafter. Sunil (S. N. Hussain, J.)