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2022 Supreme(Pat) 529

MOHIT KUMAR SHAH, RAJAN GUPTA
Chhotiya Constructions Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Prabhat Ranjan.
For the Respondent: Mr. Ajit Kumar.

RAJAN GUPTA, J.:–The present writ petition has been filed for quashing the letter dated 04.03.2022, by which, the Executive Engineer, Minor Irrigation Division, District Gaya, Bihar i.e. the respondent no. 4 has debarred the petitioner from participating in future contracts.

2. The brief facts of the case, according to the petitioner, are that the petitioner is Class-I Contractor and is engaged in construction and civil works, as such, in pursuance to notice inviting Re-tender no. 01/2019-20, issued by the Minor Irrigation Division, Gaya, the petitioner had participated in the bid process, whereupon he was declared successful and was issued work allotment letter dated 24.09.2020 with a direction to proceed with the work forthwith. However, vide Office Order dated 05.10.2020, the Chief Engineer, Minor Irrigation Department, Patna had cancelled the Work Allotment Letter dated 24.09.2020 in terms of Clause 44 of the Tender Conditions after receipt of certain complaints but subsequently, it was found that the allegations levelled against the petitioner were misconceived, thus the said Chief Engineer, vide Office Order dated 11.12.2020 cancelled the earlier Office Order dated 05.10.2020

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