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2017 Supreme(Pat) 171

JYOTI SARAN
Laxmipati Balajee Construction – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjay Singh, Adv., Mr. Apurv Harsit, Advocate.
For the Respondents: Mr. Ramadhar Singh, G.P.25, Mr. Aniruddh Kumar Singh, A.C. to G.P.25.

JUDGMENT :

1. The petitioner prays for quashing of the order of the Executive Engineer, Rural Works Division, Masaurhi whereby the respondents while initiating proceedings for recession of contract under Clause 52.2(a)(c)(e) and (h) of the Standard Bid Document has ordered for forfeiture of the security deposit and the earnest money while also holding an amount of Rs. 19,13,871/- recoverable from the petitioner and directing him to deposit the same. Alongside a recommendation has been made for black listing the petitioner. Although a copy of the order put to challenge is impugned at Annexure-8 but the same is incomplete and a complete copy thereof has been placed on record vide Annexure-G to the counter affidavit filed on behalf of the State which order bears Memo No. 1308 dated 9.12.2014.

2. Mr. Sanjay Singh learned counsel has appeared on behalf of the petitioner while the State is represented by learned State counsel.

3. Facts of the case briefly stated is that the petitioner and the respondent No.3 i.e. the Executive Engineer, Rural Works Department entered into an agreement on 29.1.2013 for execution of work relatable to construction and maintenance of road i.e T09 to Chakjohara










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