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2020 Supreme(Pat) 441

MOHIT KUMAR SHAH
BSPCL Infrastructure Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Y.V. Giri, Mr.Pranav Kumar, Advocate
For the Respondent: Mr. Anjani Kumar, Adv

JUDGMENT :

The present writ petition has been filed seeking the following reliefs:-

    “(i) To issue a writ/order/direction in the nature of certiorari for quashing the letter no. 695 dated 02.07.2020 issued under the signature of Executive Engineer, Flood Control Division, Katihar, whereunder the agreement no. 01 SBD/2018-19 dated 31.08.2018 for the work of construction of New Embankment Kuttighat-Bagdov Mahananda Lef Embankment (46.02 km), Nagar Right Embankment (20.10 KM), Kuttighat Jhawa Mahananda Right Embankment (66.23 KM), Ratwa Lef Embankment (32.92 KM) & Ratwa Right Embankment (33.10 KM) with 10 (Ten) Nos. A.F.S. & Brick on Edge Soling over the Top of the Embankment under Mahananda River Flood Management Scheme Phase-II has been terminated in terms of clause 14 (I) & (II) and Clause 3(VIII) of the clauses of the contract and further directed to forfeit the Bank Guarantee deposited against the mobilization advance.

(ii) To issue a writ/order/direction in the nature of certiorari for quashing the letter no. 594 dated 03.06.20920 issued under the signature of Executive Engineer, Flood Control Division, Katihar, whereunder the agreement no. 01 SBD/2018-19 dated 31.08.2018 for the wo

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