IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7029 OF 2009 RAM PRAVESH RAI ESTATE PVT.LTD VERSUS (1)THE STATE OF BIHAR (2) THE PRINCIPAL SECRETARY, RCD, PATNA (3)THE EXECUTIVE ENGINEER, NH DIVISIN, (4) THE ASSISTANT ENGINNER NH SUB DIVISIN,CHAPRA. ----------- 4 16.07.2009. Heard learned counsel for the parties. The petitioner was awarded tender notified under memo no. 2599 dated 25.11.2008, contained in annexure 1, for construction and repairing of NH 19 starting from 144 to 147 KM, 152 to 153 KM and , 160-170 KM in Chapra- Hajipur section to be completed within the stipulated period of thirteen months. Subsequently agreement was entered vide S.BD No. 42/08-09 and petitioner was asked to proceed with work vide letter no. 477 dated 4.3.2009 issued by Executive Engineer, N.H. Division, (respondent no.3). The petitioner commenced his work but only after nine days, on instruction of respondent no.2, a show cause was issued by respondent no.3 alleging slow progress of work. Furthermore, without holding any enquiry, petitioner was debarred from taking part in any tender vide order dated 28.4.2009 of respondent no.3. The petitioner filed show cause vide representation - 2 - dated 2.5.2009. On 16.5.2009 another memo was issued stating that if the petitioner would not do the work as per terms and conditions, the agreement would be cancelled and security money would be forfeited. Finally respondent no.3 issued order cancelling the agreement and made recommendations for black listing the registration of the company of the petitioner. The petitioner filed his representation on 26.5.2009. The petitioner submits that on account of circumstances beyond his control, like bottlenecks caused due to parliamentary elections some delay arose in completing the work. However, he states that he would complete the work within the time schedule as still some time is left. Referring to the counter affidavit, the state counsel submits that as the petitioner did not make further progress despite notice, the work in question was ultimately rescinded, security money forfeited and the work has been re-tendered. Keeping in view the stand of the petitioner that he would complete the work within time, respondents would have the measurement of the work done by him within a - 3 - month from the date of receipt of this order. The petitioner would also be noticed for being present on the occasion. If in course of measurement, it is found that substantive portion of work is still remained unperformed, it will be open for respondents to proceed with re-tender. Till the measurement is done, tender so invited would not be finalized. The order rescinding the agreement is kept in abeyance, subject to the measurement. The writ petition is disposed of with the aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J).