IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14700 of 2019

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BJCL Srinath (JV) having its Office at 103,Lane No.2,Kehar Singh Estate,

Saidulajab, New Delhi 110030 through its Authorized Signatory namely

Nitish Agarwal @ Nitish Kumar Agarwal, aged about 42 years, (Male),son of

Sri Tulsi Prasad Agarwal, resident of F-217,Antriksha Apartment, Sector 14

Extension, Rohini, PS Rohini, Dist. North West Delhi 110085 and local

resident at Flat No.304, 3rd Floor, Madhuban Apartment, L B S Shastri Nagar,

PS Shashtri Nagar,Dist.Patna-800023.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary,Govt. of Bihar,Patna

2.

The Additional Chief Secretary, Water Resources Department,Govt. of

Bihar,Patna

3.

The Engineer in Chief Food Control and Water Resources,Department,Patna

4.

The Chief Engineer, Floor Control and Drainage,Water Resources

Department,Patna

5.

The Superintending Engineer, Kosi Barrage Birpur Circle,Birpur,Bihar

6.

The Superintending Engineer, Eastern Kosi Embankment,Saharsa,Bihar

7.

The Executive Engineer, Western Embankment Division,Birpur,Bihar

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Prabhat Ranjan, Advocate

For the Respondent/s

:

Mr.Anjani Kumar ( AAG-4 )

Mr. Sanjay Kumar, AC to AAG-4

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

C.A.V. JUDGMENT

Date : 09-07-2021

The present petition has been taken up for consideration

through the mode of Video conferencing in view of the

prevailing situation on account of COVID 19 Pandemic,

requiring social distancing.

2.

The present writ petition has been filed for quashing the

show cause notice dated 27.06.2019 issued by the Executive

Engineer, Western Embankment Division, Birpur, whereby and

Patna High Court CWJC No.14700 of 2019 dt.09-07-2021

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whereunder the petitioner has been asked to file his show cause

reply as to why the agreement no. 01/SBD-2018-19 be not

rescinded. The petitioner has further prayed for quashing of the

order dated 04.07.2019 issued by the Executive Engineer,

Western Embankment Division, Birpur, whereby and

whereunder the agreement in question has been rescinded in

terms of clause-3 of the General Conditions of Contract forming

part of standard bidding documents.

3.

The brief facts of the case are that a short re-tender notice

no. 6 of 2017-18 was issued vide letter dated 05.02.2018

inviting offers for the work pertaining to “residual work of

raising and strengthening of eastern and western Koshi

embankment, construction of bituminous road over it and

construction/ renovation/ restoration of structures”. The

petitioner had participated in the tender process and being the

lowest bidder was awarded the tender and then the letter of

acceptance dated 11.04.2018 was issued with the stipulation that

the work was to be completed by 31.03.2019. An agreement

dated 18.04.2018 bearing agreement no. 01/SBD/2018-19 was

entered into between the respondent no. 7 and the petitioner. It

is the case of the petitioner that there was delay in providing

approved drawings, lay out plans etc. for starting the work in

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question leading to slow progress of work. Nonetheless, without

issuing any show cause notice and without seeking any

explanation from the petitioner, the petitioner was saddled with

imposition of liquidated damages clause under the signature of

the Superintending Engineer vide letter dated 07.01.2019.

However, subsequently, the matter was sorted out and the

liquidated damages which was imposed against the petitioner

was withdrawn vide letter dated 02.02.2019. Thereafter the

petitioner was served with a letter dated 21.06.2019 intimating

the petitioner about t