IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11419 of 2009 RAM BINOD SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 4.9.2009 Heard the learned counsel for the parties. The petitioner is aggrieved by letter no.380 dated 30.4.2009 issued by the Executive Engineer, N.H.Division 2, Muzaffarpur, whereby he has been restrained from participating in other tender till he completes the work under Agreement No. 2F2 / 2007-2008. Under the Agreement the petitioner was to construct RCC Bridge at Bhanaspatti in the Muzaffarpur – Sitamarhi section of N.H.77 in 28 Kms. The value of the work was Rs.43764994/-. The petitioner states that he has completed 80% work of the agreement as would appear from Letter no.524 dated 6.6.09 of Executive Engineer itself. He submits that he could not complete the work due to lapses on the part of the respondents as also the land was not acquired. It will appear from the report of the Executive Engineer dated 6.6.2009 that the land acquisition was in process. Learned counsel states that the Executive Engineer vide its letter dated 30.4.2009 debarred the petitioner from participating in future tender for not completing the work which will appear from Annexure-3 which shows that the petitioner completed only 70% work till 31.3.2009. He submits that the petitioner could not complete the aforesaid work as necessary land had not been acquired. After hearing learned counsel for the parties this Court observes that if the petitioner files representation before respondent - 2 - no.2 who will dispose of the same within a period of one month from the date of receipt of a copy of this order. Pending final hearing adjudication of the representation the petitioner would not be restrained from participating in future tender in view of letter dated 6.6.2009 issued by the Executive Engineer, Road Division, N.H. 2(N.H.77), Muzaffarpur. Anilkrsinha (Samarendra Pratap Singh,J.)