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2021 Supreme(Pat) 584

ANIL KUMAR UPADHYAY
Birendra Prasad Singh – Appellant
Versus
State of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners:Mr. Y. V. Giri, Sr. Advocate, Mr. Pranav Kumar, Advocate
For the Respondents: Mr. Manoj Kumar Ambastha, SC-26 For the Intervenor :Mr. Krishna Murari, Advocate

JUDGMENT :

Heard learned counsel for the petitioner and the respondents as well as intervenor.

2. Parties have filed their detailed pleading, but having regard to the fact that the Court proposes to decide the writ application on the issue of compliance of principles of natural

justice alone. There is no occasion for this Court to deal with the detailed facts of the case, except the relevant one, which is set out below:

    On 06.02.2018 tender notice was invited in connection with EPC/NH-Gaya/2017-18 for the work strengthening and widening of two lane with paved shoulder from Km 181.465 to Km 201.665 of NH-120 (Nasriganj- Bikramganj).

On 07.09.2018: The tender committee accepted the tender of the petitioner and letter of acceptance was issued in favour of petitioner. On 27.09.2018, agreement was entered between the petitioner and the Superintending Engineering, NH Circle. After agreement correspondence were made between the parties on the issue of providing working front and dispute arose as to acceptance of appointed date for starting construction work. On 28.05.2019, the petitioner invoking clause 23.2.1 of the agreement requested the respondent for termination of agreement on the groun

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