DEO CONSTRUCTION Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) Both the writ applications have been heard together not only because the parties to the dispute are common but it also arises out of the same bundles of facts.

(2.) The issue in CWJC No. 8303 of 2009 is the two decisions which have been communicated to the petitioner and are dated 24.4.2009 and 30.5.2009 which are impugned orders as contained in Annexures-19 and 20 to the present writ application. By virtue of the two decisions the contract awarded in favour of the petitioner for widening and strengthening of Aurangabad to Hariharganj Road between K.M. 1 to 1.3 stands rescinded. The earnest money and the security deposit forfeited and further recommendation has been made to blacklist the petitioner. By virtue of Annexure-19 the petitioner has been debarred from participating in any future contract after having declared as non-responsive.

(3.) The short fact is that the petitioner is a registered Class-1 contractor and he came to be awarded work for widening and strengthening of Aurangabad to Hariharganj road between Kilometer 1 to 1.3 under the plan head for the year 2006-07. The estimate cost for the work was fixed Rs. 1.73 crores. Petitioner was the successful bidder and an agreement came to be entered in terms of Annexure-1 to the writ application. The time frame fixed for completion of the work was 12 months. Agreement is dated 16.3.2007.