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2022 Supreme(Pat) 116

RAJAN GUPTA, MOHIT KUMAR SHAH
Sanjeev Kumar through its Proprietor namely Sri Sanjeev Kumar – Appellant
Versus
State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr.Vikas Kumar, Advocate
For the Respondents: Mr.Lalit Kishore

JUDGMENT :

RAJAN GUPTA, J.

1. The present writ petition has been filed for quashing the order dated 18.03.2020, issued by the respondent no. 5 i.e. the Executive Engineer-cum-Project Manager, District Project Management Unit, Patna, whereby and whereunder the agreement being SBD-10(WB)/2016-17 for execution of “Jamalpur Chaksarwar Single Gram Pipe Water Supply Scheme” has been cancelled and a decision has been taken to forfeit the security deposit amount as also to make recovery on risk and cost basis from the petitioner for the cost to be incurred in construction of water tank. Though, the petitioner has also prayed for directing the respondents to make payment of the outstanding dues pertaining to the work executed by him, however the learned Senior counsel for the petitioner has only pressed the prayer of the petitioner regarding quashing of the order dated 18.03.2020, whereby and whereunder agreement in question has been rescinded.

2. The brief facts of the case are that the petitioner was awarded the agreement in question, pursuant to issuance of N.I.T., whereafter the petitioner had entered into an agreement with the respondent no. 5 on 09.01.2017. The work order was also issued

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