This case was filled by Arun Kumar Son of Late Siya Ram Singh Resident of Village and P.O. Bandeya, P.S. Bandeya Rukandi, District- Aurangabad- at present residing at Sharma Bhawan, Rajiv Nagar Road No. 8, P.S.- Rajiv Nagar, Town and District- Patna against Bihar State Building Construction Corporation Ltd. a Government of Bihar Undertaking having its Registered Office at Patna- 800001 (Bihar)- through its Managing Director and ors. The Judgment served in Arun Kumar Vs. Bihar State Building Construction Corporation Ltd (citation: L.P.A No.658 of 2021) was served by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR.
FACTS OF THE CASE:
This case was a LPA under Clause 10 of Letters Patent Appeal which has been preferred for setting aside the judgment and order dated 25th March 2021 passed in C.W.J.C. 16766 of 2019 passed by learned Single Judge of this Hon’ble Court whereby writ petition has been dismissed.
In pursuance of NIT e-tender no. 96/2018-19 for construction of Civil Court building at Paliganj valued at Rs. 21,14,51,242/- and construction of Gymnasium valued at Rs. 8,25,06,457/petitioner submitted his tender along with relevant documents and also deposited earnest money of Rs. 31,20,000/- and Rs. 16,50,000/- in the shape of fixed deposit in terms and conditions of E. Tender.
Further, a show cause notice was issued to which petitioner submitted his reply but the same was not accepted the petitioner got blacklisted for 3l5 years in accordance with Bihar Contractors Registration Rules-2007.
The court after hearing the appeal and arguments from the parties, the Court observed that they does not find any error or infirmity in the judgment and order passed by learned Single Judge requiring any interference by this Court in this Letters Patent Appeal. Accordingly, the LPA is dismissed, However, the court further held that the order of blacklisting is of five years, which appears to be excessive, as such, the matter is remanded on the issue of period of blacklisting to the Engineer-in-Chief-cumAdditional Commissioner cum-Special Secretary, Building Construction Department, Government of Bihar, Patna, who shall pass a fresh order after affording due opportunity to petitioner with respect to period of blacklisting within three months from the date of receipt/production of a copy of the order passed by this Court.
JUDGMENT REVIEWED BY:AKANKSHA