CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 17-03-2023 Heard learned senior counsel for the petitioner and learned counsel for the respondents.

2. Initially, the present writ petition has been filed claiming the following reliefs :-

“(I) For after quashing of rescinding order of contract, issued vide Memo No. 41/Engg./2018/61/ Eng/ 2022 dated 28.01.2022 as well as fresh NIT No. 15/ E- Tender/ BSTDC/ SBD/ 2021-22 dated 15.02.2022, as contained in Annexure P-4 & P- 11, directing the concerned respondent either allow the petitioner to complete the balance work in question within 2 (Two) months from the date of allow to do so Or direct them to pay all contractual amount with relates to bill of work done including entire amount of security deposit and deducted amount of Time Extension etc.

(II) For restraining the respondents for taking any coercive steps against the petitioner as well as creating third party right relates to fresh tender during pendency of this writ application.

(III) For declaring that the actions of the respondents are arbitrariness, malafide, malicious, colourable exercise of power.

(IV) For further passing such an Order or Orders for which the petitioner is entitled under the law in the facts and circumstances of this case”.

3. Thereafter, the petitioner has filed an interlocutory application bearing I.A. No.1 of 2022 for amendment in the instant writ petition by adding following relief in para 1 of the instant writ petition :

“(V) For quashing of Notice for inviting very short Re-Tender No.16/E-Tender/BSTDC/ SBD of 2021-22 dated 25.02.2022 read with its corrigendum issued vide letter no.212/Engg/2022 dated 07.03.2022 as contained in Annexure-P-13 series because without preparing final bill in presence of the petitioner, the respondent Chief Engineer (i.e. Respondent No.5) has invited re-tender for “Remaining Work of Development of Them Park at Bhitiharwa, West Champaran, under Gandhi Circuit”.

4. Again, the petitioner has filed an interlocutory application bearing I.A. No.2 of 2022 for amendment in the instant writ petition by adding following relief in para 1 of the instant writ petition :

“(VI) For quashing of Notice for inviting very short Re-Tender No.17/E-Tender/BSTDC/ SBD of 2021-22 dated 14.03.2022 as contained in Annexure-P-14 because without preparing final bill in presence of the petitioner, the respondent Chief Engineer (i.e. Respondent No.5) has invited re-tender for “Remaining Work of Development of Them Park at Bhitiharwa, West Champaran, under Gandhi Circuit for estimated cost of Rs.710.54 lacs”.

5. Thereafter, the petitioner has filed an interlocutory application bearing I.A. No.3 of 2022 for impleading Mr. Saroj Narayan Prasad Singh, son of not known, resident of Mohalla- Habibpura, Barara, P.O. +P.S.-Sohsarai, District-Nalanda as a party respondent no.9 in the instant writ petition on the ground that during pendency of the instant writ petition, the respondent Corporation has created 3rd party interest in terms of liberty granted by this Court vide order dated 11.05.2022. However, vide order dated 05.07.2022, the said interlocutory application has been dismissed as withdrawn as the same has lost its significance.

6. Again, the petitioner has filed an interlocutory application bearing I.A. No.4 of 2022 for amendment in the instant writ petition by adding following relief in para 1 of the instant writ petition :

“(VII) For quashing of Memo No. 07/16/Engg./Ac/19/ 933/ Engg./2022 dated 27.09.2022 read with Memo No. 07/07/ Engg./Ac/18-19/ 935 / Engg./ 2022 dated 28.09.2022, as contained in Annexure-P-19 series, issued under the signature of the Executive Engineer (i.e. Respondent No.6) whereby and whereunder the said authority has passed the adjustment and payment order in terms of rescinding order dated 28.01.2022 as contained in Annexure-P/4 at page-111 in most arbitrary manner and contrary to provision of agreement in question”.

7. The short facts, according to the petitioner, are that