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2021 Supreme(Pat) 365

MOHIT KUMAR SHAH
BJCL Srinath (JV) – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Prabhat Ranjan, Advocate, for the Appellant; Mr. Anjani Kumar ( AAG-4 ), Mr. Sanjay Kumar, AC to AAG-4, for the Respondent.

JUDGMENT

1. The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

2. The present writ petition has been filed for quashing the show cause notice dated 27.06.2019 issued by the Executive Engineer, Western Embankment Division, Birpur, whereby and hereunder the petitioner has been asked to file his show cause reply as to why the agreement no. 01/SBD-2018-19 be not rescinded. The petitioner has further prayed for quashing of the order dated 04.07.2019 issued by the Executive Engineer, Western Embankment Division, Birpur, whereby and whereunder the agreement in question has been rescinded in terms of clause-3 of the General Conditions of Contract forming part of standard bidding documents.

3. The brief facts of the case are that a short re-tender notice no. 6 of 2017-18 was issued vide letter dated 05.02.2018 inviting offers for the work pertaining to "residual work of raising and strengthening of eastern and western Koshi embankment, construction of bituminous road over it and construction/ renovation/ restoration of structures". The petitioner had pa

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