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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17087 of 2023

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Dhanveer Singh, Son of Musafir Singh, Resident of Village- Bhim Nagar,

P.S.- Birpur, District- Supaul.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Water Resources

Development Department, Bihar. Patna.

2. The Engineer-in-Chief, Headquarter, Water Resources Department, Bihar.

Patna.

3. The Chief Engineer, Flood Control and Water Discharge, Water Resources

Department, Samastipur.

4. The Additional Secretary, Water Resources Department, Bihar, Patna.

5. The Executive Engineer, Water Discharge Division, Darbhanga.

6. The Executive Engineer, Water Discharge Division, Darbhanga.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Raju Kumar, Adv.

Mr. Pradhan Murli Manohar Pd., Adv.

Mr. Sanjay Pd., Adv.

Mr. Subham Samrat, Adv.

For the Respondent/s : Mr. Anjani Kumar (Aag4)

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

11 04-02-2026 Heard the parties.

2. The present writ petition has been filed for the

following relief(s) :

“(i) To issue an appropriate order/s,

direction/s including a writ preferably in

nature of Mandamus commanding the

respondents to make the payment of earnest

money amounting to Rs. 2,00,000/-against

short term invitation information No.

01/2022-23 for the works allotted under anti

erosion work on the right bank of Kamla

river in village-Sajjanpura and Kanhauli

under Benipur Block of District- Darbhanga

vide Agenda No. 186/19/2022.

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(ii) To direct the respondents to make the

payment of Rs. 3.50,000/-for soil dumping

sand/ on the work site against the work in

question.

(iii) To direct the respondent to make the

payment of 18% interest on the

abovementioned dues to the petitioner on

account of delay and latches on the part of

respondent.”

3. The following paragraph has been added vide order

dated 22.10.2024 by way of I.A. No. 01 of 2024.

“(iv) To quash the order dated 31.05.2022

vide leter No. 630 issued by the Executive

Engineer, Drainage Division, Darbhanga

whereby and whereby he ordered for

forfeiting the earnest money of

Rs.1,92,200/- against short term Invitation

Information No. 01/2022-23 for the works

allotted under anti erosion work on the right

bank of Kamla River in Village- Sajjanpura

and Kanhauli under Benipur Bloci of

District Darbhanga vide Agenda No.

186/19/2022.”

4. Learned counsel appearing on behalf of the

Respondent Nos. 1 to 3 and 5 submits that he has filed the soft

copy of the supplementary counter affidavit before the Registry

but could not file the hard copy. Learned counsel seeks

permission to place the same on record before this Court.

5. Permission is granted.

6. Hard copy of the supplementary counter affidavit

filed by the Respondent Nos. 1 to 3 and 5 is handed over across

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the Bench and the same is taken on record.

7. It is the case of the petitioner that pursuant to the

tender notice bearing NIT No. 01/2022-23 dated 27.04.2022, the

petitioner has participated in the same and being lowest bidder,

the contract was awarded to him vide order dated 19.05.2022.

Learned counsel submits that as per the terms and conditions of

the tender the petitioner was obligated to furnish the security

performance within a period of 15 days and also execute certain

documents. However the authority without waiting for the 15

days to be over has passed the impugned order on 31.05.2022

forfeiting the EMD paid by the petitioner but also

recommending the name of the petitioner for black listing.

Learned counsel submits that the act of the respondents in

terminating the contract and forfeiting the EMD is an arbitrary

exercise of power is contrary to the terms and conditions of the

NIT. Learned counsel has therefore prayed this Hon’ble Court to

allow t