B. K. ENTERPRISES Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the respondents. However, none appeared on behalf of the petitioner.

(2.) In the instant petition, the petitioner is challenging the order contained in letter no.1225 dtd. 4/2/2016 issued by the Chief Engineer, Bihar State Educational Infrastructure Development Corporation Limited, Patna by which Contract Agreement No.43 SBD of 2011-12 dtd. 14/3/2013 has been rescinded and the earnest money deposit, security deposit and performance guarantee of the petitioner have been forfeited.

(3.) Brief facts of the case are that an agreement between the petitioner and the respondents was executed on 14/3/2012 in respect of Group No.USS-06 for construction of Middle School, Tar, Upgraded Middle School, Devchanda and Middle School, Khutaha in the District of Bhojpur and as per the said agreement, the construction was to be completed within 12 months from the date of agreement. The construction work of Middle School, Tar and Upgraded Middle School, Devachanda was started on 25/2/2013 and 18/8/2012, respectively. However, construction work of Middle School, Khutaha was not started due to non-availability of land. When the construction work was not completed on time, the respondent authorities on several times directed the petitioner to complete the work. Lastly, vide letter dtd. 4/2/2016, the Chief Engineer rescinded the aforesaid contract and forfeited the earnest money deposit, security deposit and performance guarantee. Being aggrieved by the decision of the respondent authorities, the petitioner filed the present Writ.