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2020 Supreme(Pat) 695

MOHIT KUMAR SHAH
Anand Consultants – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Umesh Pd. Singh, Sr. Adv., Rakesh Kumar.
For the Respondents: M/s Kinkar Kumar, Vikas Kumar.

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing order No. 217 dated 17.05.2018, communicated to the petitioner vide Memo dated 17.05.2018 as also the office order contained in Order no. 18 dated 17.05.2018, whereby and whereunder the Agreement bearing No. 103/SBD/2015-16, executed between Infrastructure Development Authority and the petitioner herein, has been terminated and the petitioner has been blacklisted for three years under Clause 11(ka) (ii) and the earnest money deposited by the petitioner has been forfeited. The petitioner has further prayed for directing the respondents to pay the outstanding amount for the work executed as per the BOQ as also clear the payment with regard to the additional/extra work and items, apart from making payment of the security deposit and EMD with interest @ 10% per annum.

2. The brief facts of the case according to the petitioner are that a notice inviting tender, bearing no. 12/Ten/IDA/14 was published in the daily newspaper ‘Hindustan’, Patna Edition on 20.09.2014 for execution and completion of work namely "storm water drainage of Hajipur Industrial Area and EPIP", at an estimated cost of Rs. 1866.652 lacs, to b

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