Decided on July 19,2021

Ems Infracon Pvt Ltd Appellant
STATE OF BIHAR Respondents


Chakradhari Sharan Singh,J. - (1.) Heard Mr. S.D. Sanjay, learned Senior Counsel for the petitioner, Mr. Lalit Kishore, learned Advocate General representing the State of Bihar and Bihar Urban Infrastructure Development Corporation Limited (BUIDCo for short), Mr. K.N. Singh, learned Additional Solicitor General of India on behalf of the Union of India and Respondents No. 8 to 11 and Mr. P. K. Shahi, learned Senior Counsel representing private Respondent No. 12 through on-line video mode, because of COVID-19 pandemic restrictions.
(2.) The petitioner is a joint venture (hereinafter referred to as M/s EMS for short) of two private limited companies and the Directors and Shareholders of both the constituents of the joint venture, namely, M/s EMS Infracon Pvt. Ltd. and M/s Technocraft Construction Pvt. Ltd. carry on their commercial activities within the territorial jurisdiction of this Court, as stated in the application,
(3.) In its original form, the petitioner had sought, inter alia, for a declaration that Bihar Contractor Registration Rules, 2007 (Public Works Department) was ultra vires and not enforceable to the extent the same was repugnant to the provisions of Bihar Financial Rules, 1950. However, the said relief has been given up, as recorded in a Division Bench order of this Court dated 06.07.2021 passed in this case, which reads as under :- "Shri S.D. Sanjay, learned senior counsel, under instructions, states that the petitioner gives up Prayer Clause(i). In this view of the matter, matter needs to be listed before the learned Single Judge, as per the current roster. At this stage, Shri S.D. Sanjay, learned senior counsel states that similar petition filed by the very same petitioner i.e. C.W.J.C. No. 8786 of 2020, titled as M/s. EMS Infracon Pvt. Ltd. Vs. The State of Bihar, is listed on 8th of July, 2021 before the learned Single Judge (Hon'ble Mr. Justice Chakradhari Sharan Singh)." ;

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