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2021 Supreme(Pat) 245

MOHIT KUMAR SHAH
Raj Kumar Singh Raja Construction Pvt. Ltd. – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Y. V. Giri, Sr. Adv. Mr. Pranav Kumar, Adv., for the Appellant; Mr. Mahendra Prasad Verma, AC to SC-20, for the Respondent.

JUDGMENT

1. The present writ petition has been filed by the petitioner for quashing the order dated 27.01.2020 and memo dated 05.02.2020 issued under the signature of the Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna, whereby and where under the registration of the petitioner firm has been blacklisted for ten years.

2. The brief facts of the case are that the petitioner is a company registered under the provisions of the Companies Act and is a registered Class-I contractor in terms of the provisions of the Bihar Contractor Registration Rules, 2007. The Government of Bihar, through the office of the Executive Officer, Road Construction Department, Road Division, Motihari, had issued a tender dated 21.09.2017 for construction of various roads stated therein including construction, up-gradation and maintenance of the Shankar-Saraiya to Chhapwa Road from 0.00 km. to 20.650 km. for the year 2017-18 and the time of completion of the work in question was stipulated as 18 months. The petitioner along with others had participated in the said tender and eventually, the petitioner was awarded the tender in question, whereafter it had entered into an agreement dated

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