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2018 Supreme(Pat) 1367

M.R.SHAH, ASHUTOSH KUMAR
State of Bihar – Appellant
Versus
Baba Hans Construction Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Lalit Kishor, Advocate General, Mr. Anjani Kumar, A.A.G.-4: Mr. Shailendra Kumar Singh, Adv.
For the Respondents:Mr. Y.V. Giri, Senior Advocate, Mr. Raj Kishore, Advocate.

JUDGMENT :

MUKESH R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 23.08.2018 passed in C.W.J.C. No. 15400 of 2018, by which the learned Single Judge in exercise of powers under Article 226 of the Constitution of India, has allowed the petition preferred by the original writ petitioner-contractor respondent, herein, and has quashed and set aside the order dated 23.07.2018 rescinding the contract, forfeiting the earnest money and security deposit and the Department to complete the remaining work at the risk and cost of the original writ petitioner, show cause notice dated 30.07.2018 by which the original writ petitioner was directed to show cause as to why it be not blacklisted for a period of ten years and the order of blacklisting the original writ petitioner contractor for a period of 10 years dated 06.08.2018, the original respondents-State of Bihar and others have preferred the present Letters Patent Appeal under Clause 10 of the Letters Patent.

2. The facts leading to the present Letters Patent Appeal, in nutshell, are as under;

2.1. The respondent herein-Contractor (hereinafter referred to as the 'orig













































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