IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12210 of 2009 M/S B.D.CONSTRUCTION THROUGH ITS ONE OF THE PARTNE MR.GAJRAJ KUMAR SON OF LATE DINKAR SHARMA, RESIDENT OF MOHALLA-HARIHAR NIKETAN, GARHPER, AT & P.O.-BIHARSHARIF, P.S.- BIHARSHARIF, DISTRICT-NALANDA,PIN-803101. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE RPINCIPAL SECRETARY, RURAL WORKS DEPARTMENT, “VISHWESHWARAIYA BHAWAN”, BAILEY ROAD, PATNA. 3. THE ENGINEER-IN-CHIEF CUM ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY, RURAL WORKS DEPARTMENT, “VISHWESHWARAIYA BHAWAN”, BAILEY ROAD, PATNA. 4. THE CHIEF ENGINEER-3, RURAL WORKS DEPARTMENT, “VISHWESHWARAIYA BHAWAN”, BAILEY ROAD, PATNA. 5. THE CHIEF ENGINEER-4, RURAL WORKS DEPARTMENT (HEAD QUARTER), “VISHWESHWARAIYA BHAWAN”, BAILEY ROAD, PATNA. 6. THE SUPERINTENDING ENGINEER, RURAL WORKS DIVISION, WORK CIRCLE, DARBHANGA. 7. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORKS DIVISION, BEGUSARAI. ... ... RESPONDENTS. ----------- 2. 5.10.2009. Learned counsel for the petitioner has filed supplementary affidavit, which is taken on record. Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the instruction of the Chief Engineer contained in letter No.5882 dated 31.7.2009 (Annexure- 4) where under with reference to a list appended with the instruction dated 31.7.2009, it is submitted that his future - 2 - tender bid shall not be considered for allotment of works contract as he failed to complete the execution of works contract given to him in regard to N.H.31 Lakho to Kushmaut Part-II. It is submitted on behalf of the petitioner that the reasons for not completing the works appertaining to N.H.31 Lakho to Kushmaut Part-II could not be attributed to him in view of the contents of the supplementary affidavit and had the authorities including the Chief Engineer noticed such contents the name of the petitioner ought not to have been included in the list appended with the order dated 31.7.2009. Having heard learned counsel for the petitioner and the State, I direct the petitioner to represent before the Chief Engineer-4, Rural Works Department (Headquarter), Patna requesting him to delete his name from the list appended with the impugned letter No.5882 dated 31.7.2009. The Chief Engineer should consider the representation filed against the impugned - 3 - N.H./ letter as early as possible in any case within one month from the date of receipt of the representation along with the copy of the order. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)