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2018 Supreme(Pat) 997

NILU AGRAWAL
Baba Hans Construction Pvt. Ltd. – Appellant
Versus
State of Bihar Through Principal Secretary – Respondent


Advocates Appeared:
Y.V. Giri, Adv., Raj Kishore Prasad, Adv., Anjani Kumar, Adv., Shailendra Kr Singh, Adv., Santosh Kumar Singh, Adv.

JUDGMENT :

Nilu Agrawal, J.

Heard Mr. Y.V. Giri, learned Senior Advocate duly assisted by Mr. Raj Kishore Prasad, Mr. Anjani Kumar, learned AAG-4 duly assisted by Mr. Shailendra Kumar Singh and Mr. Santosh Kumar Singh, learned counsel appearing for the State Bank of India.

2. Petitioner in the present writ application has prayed for following reliefs :

"i) To issue an appropriate writs, orders, directions in the nature of writ of Certiorari for quashing the order passed by the respondent Executive Engineer, Durgawati Works Division, vide Letter no. 439 dated 23.07.2018 (as contained in Annexure-17 to this writ application), whereby and whereunder the work allotted to the petitioner vide Agreement No. 01 SBD/2016-17 dated 09.07.2016, has been rescinded in purported exercise of his power under Clause-3 of Standard Bidding Document (in short SBD), as a result thereof, the earnest money and Security Deposit will be forfeited, besides that, the Department will be free to get the balance work completed at the risk and cost of the petitioner under Clause-14 of the SBD.

ii) To issue an appropriate writs, orders, directions in the nature of writ of Certiorari for quashing the show cause notice i















































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