MAGISTERSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application has sought for issuance of a writ of mandamus upon respondents 2 and 3 to enlist them in the category of Class I-A contractor of Rural Engineering organisation.

(2.) The petitioner is registered Class I Contractor of Road Construction Department having registration No. Class I-A/328A of 1988. The contention of the petitioner is that he has executed several road projects working in the consulting of Road construction department and National High Way including Rural Engineering Organisation. Originally, there was only one department which was bifurcated into two wings, namely, Building and Road Construction Wings. Even upon bifurcation, the contractors who were originally registered with Public Works Department were being treated registered for both the wings, namely Road and Building. The Road Construction Department again was bifurcated in two wings Road Construction Department and Rural Engineering department in the year 1990 The District and Village roads and other developmental works have been assigned to the Rural Engineering Organisation where roads connecting the District have been put under the control of the Road Construction Department, However, by reason of a notification dated 7-1-1991 which is contained in Annexure 2 to the writ application, it has been directed that the contractors should get themselves registered with the Rural Engineering department although they were previously registered under the Road Construction department.

(3.) The petitioners have also relied upon an order dated 24-4-1992 passed in C.W.J.C. No. 6256 of 1991 which is contained in Annexure 3 to the writ application,