IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14260 of 2022

======================================================

Nand Kishore, Son of Sri Nagendra Sharma, Resident of Mohalla Birla

Colony (C/26), P.S. Phulwari Sharif, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Minor Irrigation

Department, Government of Bihar, Patna.

2.

The Engineer in Chief, Minor Irrigation Department, Government of

Bihar, Patna.

3.

The Chief Engineer, Minor Irrigation Department, Government of Bihar,

Patna.

4.

The Superintending Engineer, Minor Irrigation Circle, Patna, Bihar.

5.

The Executive Engineer, Minor Irrigation Division, Patna, Bihar.

... ... Respondent/s

======================================================

with

Civil Writ Jurisdiction Case No. 16951 of 2022

======================================================

Nand Kishore, Son of Sri Nagendra Sharma, resident of Mohalla Birla

Colony (C/26), P.S. Phulwari Sharif, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Minor Irrigation

Department, Government of Bihar, Patna.

2.

The Engineer in Chief, Minor Irrigation Department, Government of

Bihar, Patna.

3.

The Chief Engineer, Minor Irrigation Department, Government of Bihar,

Patna.

4.

The Superintending Engineer, Minor Irrigation Circle, Patna, Bihar.

5.

The Executive Engineer, Minor Irrigation Division, Patna, Bihar.

... ... Respondent/s

======================================================

Patna High Court CWJC No.14260 of 2022 dt.24-01-2023

2/6

Appearance :

(In Civil Writ Jurisdiction Case No. 14260 of 2022)

For the Petitioner/s

:

Mr. Prabhat Ranjan, Advocate

Mr. Chandan Kumar, Advocate

For the State

:

Mr. Sita Ram Yadav, GP-16

Mr. Jitendra Kumar, A.C. to G.P-16

(In Civil Writ Jurisdiction Case No. 16951 of 2022)

For the Petitioner/s

:

Mr. Prabhat Ranjan, Advocate

Mr. Chandan Kumar, Advocate

For the State

:

Mr. Sita Ram Yadav, GP-16

Mr. Jitendra Kumar, A.C. to G.P-16

======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 24-01-2023

In CWJC No. 14260 of 2022, petitioner has prayed

for the following relief(s):-

“(i) Quashing of the Notice to Show Cause

contained in Letter no. 1776 dated 31.08.2022

purported to have been issued under Bihar

Contractors Registration Rules, 2007 whereby, the

petitioner has been asked to Show Cause as to why

for the reasons stated therein, the firm should not

be debarred / blacklisted;

(ii) Direction upon the Respondents to open the

Financial Bid and finalize the Tender process in

connection with the notice Inviting Tender No.

14/2021-22 which is pending since 17.06.2022;

and

(iii) Restraining the Respondents from giving

effect to / proceed in connection with Notice to

Show Cause contained in Letter no. 1776 dated

31.08.2022 during the pendency of the present writ

Patna High Court CWJC No.14260 of 2022 dt.24-01-2023

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petition or without the permission of this Hon’ble

Court.”

In CWJC No. 16951 of 2022, petitioner has prayed

for the following relief(s):-

“(i) Quashing of the decision of the Technical Bid

Evaluation Committee dated 16.11.2022 in

connection with Tender ID No. 26797 (Annexure

1) whereby, the Technical Bid of the petitioner has

been rejected and held to be non responsive merely

on the ground that the Chief Engineer has

recommended for blacklisting the Registration of

the petitioner.

(ii) Quashing of the Letter No. 2004 dated

10.10.2022 (Annexure 3) whereby, on the basis of

an exparte enquiry and without seeking any

explanation, severe adverse and penal action has

been recommended against the petitioner;

(iii) Restraining the Respondents from taking any

coercive action the petitioner in connection with

the Letter NO. 2004 da