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2022 Supreme(Pat) 631

ASHUTOSH KUMAR, NAWNEET KUMAR PANDEY
Ekta Enterprises – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. P. N. Shahi, Sr. Adv.
For the Respondents: Mr. Upendra Pratap Singh.

Ashutosh Kumar, J.—Heard Mr. P.N. Shahi, learned senior Advocate for the petitioner and Mr. Upendra Pratap Singh for the State.

2. The petitioner, a proprietorship firm, through its proprietor, has approached this Court against the order dated 06.04.2021 passed by the Executive Engineer, PHED, Bettiah whereby the petitioner has been debarred for an indeterminate period from entering into any agreement with any department of the Government.

3. Mr. Shahi, while assailing the order, lays primary emphasis on the debarment for limitless period which is not in tune with the law relating to blacklisting and debarment.

4. The petitioner was selected as a concessionaire by the PHED, West Champaran, for carrying out the 13 projects of Single Gram Panchayat/Habitation Piped Water Supply Schemes (SGS/SHS) in West Champaran in the district of Bihar at a contract price of Rs. 441.90 lacs.

5. It has been urged on behalf of the petitioner that though the Joint Director, State Project Management Unit, gave green signal to the petitioner to proceed with the work at one place for it to be finished within a period of 11 months but, the selected site was found to be completely water-logged and in a low-lyi

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