IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13258 of 2010 Shiva Construction through its one of the partner Dhanbir Yadav having its office at Allalpatti-Krishnapuri, P.S. Laheriasarai, Disst- Darbhanga. Versus 1. The State Of Bihar. 2. The Secretary, Road Construction Department, Govt. of Bihar, Vishweswaraiya Bhawan, Bailey Road, Patna. 3. The Engineer-in-Chief-Cum Additional Commissioner-cum-Special Secretary, Road Constriction Department, Nirman Bhawan, Patna. 4. The Executive Engineer, Road Construction Department, road Division, Darbhanga. ----------- 3 23.06.2011 Herd learned counsel for the petitioner and learned counsel for the respondents. 2. This petition has been filed by the petitioner challenging order dated 19.01.2010(Annexure-5) by which the Secretary Road Construction Department, Government of Bihar (Respondent No. 2) rejected the application of the petitioner for recall of the black listing of the petitioner’s firm. He also challenges order dated 20.05.1999 (Annexure-3) by which the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar(Respondent No. 3) black listed the petitioner’s firm. 3. It is not in dispute that petitioner is registered contractor in the Road Construction Department, Government of Bihar having Registration No. II 3175/93 which was renewed after December 2000. The petitioner entered into an agreement with the respondents for repair of Sakari-Bahera Road and Shakari- Jhanjharpur Road and other works. However, in meantime a criminal case was initiated against the petitioner for offences 2 punishable under Section 448, 323, 504 of the I.P.C which gave rise to Gr. No. 611 of 1999 (Tr. No. 1651 of 2006 ). 4. In the said circumstances, order dated 20.05.1999 (Annexure-3) was passed by respondent No. 3 black listing the petitioner’s firm. The said was challenged by the petitioner in C.W.J.C No. 8470 of 1999 which was disposed of by a bench of this Court vide order dated 14.03.2000 with a liberty to the petitioner to submit appropriate representation before the Secretary, Road Construction Department, Government of Bihar who was directed to pass a reasoned order within a period of three months. It was specifically mentioned that the impugned order shall continue to operate which shall abide the order of the Secretary. It further transpires that in compliance of the aforesaid order of the High Court the petitioner did not file any representation before the said Secretary and the order of the Black listing continued. It also transpires that the order of black listing of the petitioner dated 20.05.1999 was also not disturbed by respondents. 5. The criminal case against the petitioner continued and ultimately by judgment dated 04.01.2007 (Annexure4) the said case was disposed of by the Judicial Magistrate I Class, Darbhanga giving the petitioner benefit of doubt due lack of evidence. It transpires that thereafter the petitioner moved the Secretary on 10.07.2007 and the said Secretary (respondent No. 2) vide his impugned order dated 19.1.2010 rejected the petition of the petitioner. 3 6. Since the impugned order dated 20.05.1999 (Annexure-3) had not been interfered with by a Bench of this Court vide order dated 14.03.2000(Annexure-3) passed in C.W.J.C No. 8470 of 1999 this Court does not find any reason to interfere with it. So far the other impugned order dated 19.01.2010(Annexure-5) is concerned it is quite apparent that the acquittal of the petitioner is not a clean acquittal rather he has been given benefit of doubt due to lack of evidence only. In the said circumstance this Court does not find any defect or illegality in the said order of the authority concerned. Accordingly this writ petition is dismissed. Prakash (S.N.Hussain, J.)