ARUN KUMAR Vs. BIHAR STATE BUILDING CONSTRUCTION CORPORATION LTD
HIGH COURT OF PATNA
Bihar State Building Construction Corporation Ltd
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(1.) Heard Mr. Umesh Prasad Singh, learned senior counsel for the petitioner, Mr. Tej Bahadur Singh, learned senior counsel for respondent nos.1 to 4 and Mr. Uday Shankar Sharan Singh, learned G.P.19 for respondent no.5.
(2.) The petitioner by filing this writ petition seeks following reliefs:-
(i) To issue a rule NISI in the nature of a writ of certiorari to quash and cancel the Communication dated 12.1.2019 issued by respondent no.2 to respondent no.5 as also the letter dated 3rd April, 2019 issued under the signature of the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Building Construction Department, Government of Bihar, Patna (respondent no.5) by which he called upon the petitioner to file a show cause in regard to the allegations made in the aforesaid letter being without authority of law;
(ii) To issue a writ in the nature of writ of certiorari to quash and cancel the order as contained in Memo no. Building/Blacklisting/05/2019/6851/ Bhawan dated 26.7.2019 by which the registration no. BCD First (Personnel)-29 (Building)/2014 of the petitioner as contractor with the Building Construction Department, Government of Bihar, has been suspended and the petitioner has been blacklisted for 5 years;
(iii) To issue a writ of mandamus commanding the respondents to refrain from giving effect of the order as contained in letter dated 24/26th July, 2019 issued under the signature of the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Building Construction Department, Government of Bihar, Patna.
(iv) To issue other appropriate writ/writs, order or orders, direction or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.
(3.) The facts, in brief, for disposal of the case are that the petitioner though not a registered contractor with the Bihar State Building Construction Corporation Limited (hereinafter referred to as the Corporation) participated in pursuance of e-Tender being e-Tender No.96/2018-19 for construction of Civil Court Building at Paliganj as detailed in Item No. 19 of the said e-Tender of which the bill of quantity was valued at Rs.21,14,51,242/-. The petitioner was required to deposit earnest money of Rs.31,20,000/- and the petitioner deposited vide Fixed Deposit Receipt dated 20th November, 2018 issued by the Bank of India, Patel Nagar Branch, Patna. The petitioner had also submitted e-Tender for construction of Gymnasium near the registered office of respondent no.1 fully described in Item No. 16 of the e-Tender of which the bill of quantity was valued at Rs.8,25,06,457/-. The petitioner deposited the earnest money of Rs. 16,50,000/- by Fixed Deposit Receipt dated 20.11.2018 issued by the Bank of India, Patel Nagar Branch, Patna. As per the terms and conditions of the e-Tender, the petitioner had to comply with the requirements as mentioned.;
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