CHAKRADHARI SHARAN SINGH
Ramanand Rai – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
2. This writ application has been filed seeking quashing of a letter no. 1908 dated 05.07.2021 issued under the signature of the Engineer-in-Chief, Rural Works Department, Government of Bihar whereby the petitioner, among several other contractors, has been debarred from participating in any tender process in future, by one stroke of pen, on the ground of them having defaulted in completing the works in question as contractors, as stipulated under the respective terms of the contract agreements. The impugned order which has been brought on record by way of Annexure-6 to the writ application does not refer to any provision under which the same has been issued.
3. The petitioner is admittedly a registered Class-I contractor under the provisions of Bihar Contractor Registration Rules, 2007 issued by the Rural Works Department, Government of Bihar. Pursuant to the notices inviting tender issued by the Rural Works Department, Government of Bihar, the petitioner was awarded two work contracts and two agreements in relation to construction works were entered into between him and the State
Ajay Hasia v. Khalid Mujib Sehravardi [(1981) 1 SCC 722 : 1981 SCC (L&S) 258]
B.S.N. Joshi & Sons Ltd. v. Nair Coal Services and Others (2006) 11 SCC 548
Dwarkadas Marfatia and Sons v. Board of Trustees of the Port of Bombay [(1989) 3 SCC 293]
E.P. Royappa v. State of Tamil Nadu [(1974) 4 SCC 3 : 1974 SCC (L&S) 165]
Erusian Equipment and Chemicals Ltd. v. State of West Bengal and Am. (AIR 1975 SC 266)
Gorkha Security Services v. Govt. (NCT of Delhi) and Others (2014) 9 SCC 105
Khem Chand v. The Union of India and Others (AIR 1958 SC 300)
M/s Kulja Industries Limited v. Chief Gen. Manager W.T. Proj. BSNL & Ors. (2014) 14 SCC 731
Mahabir Auto Stores and Ors. v. Indian Oil Corporation and Ors. (1990) 3 SCC 752
Maneka Gandhi v. Union of India [(1978) 1 SCC 248]
Oryx Fisheries Private Limited (supra) reported (2010) 13 SCC 427
R.D. Shetty v. International Airport Authority of India [(1979) 3 SCC 489]
Krishna Agarwal v. State of Bihar [(1977) 3 SCC 457]
Radha Krishna Agarwal v. State of Bihar [(1977) 3 SCC 457]
UMC Technologies (P) Ltd. v. Food Corporation of India (2021) 2 SCC 551
Vetindia Pharmaceuticals Ltd. v. State of U.P. and Another (2021) 1 SCC 804
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