SHIVAM CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, a Class-II contractor with Rural Works Department, Government of Bihar, is before this Court challenging the order of blacklisting issued at Annexure-5 for 10 years. Learned Counsel for the petitioner submits that neither was the show cause notice at Annexure-4 issued to the petitioner nor was Annexure-5 order issued and hence, the delay in approaching this Court. It is also pointed out that the petitioner had taken out two contracts both of which were completed, one with a slight delay of five months. The objection by the authorities arose by reason of non-maintenance, which was also a condition, for the five years period after completion of the work. The person who is representing the petitioner, one of the partners, also suffered Corona. The objection was only with respect to non-maintenance between March-2021 and July2021. The petitioner was permitted to carry on the repair work even after that, for which learned counsel specifically refers to Annexure-2 series which is dtd. 3/1/2022.

(2.) The learned Government Advocate, on the other hand submits that the notices were issued and the order was also served on the petitioner. It is pointed out that the order itself is of 18/8/2021 and the petitioner never raised a contention of no notice having been issued on, 23/5/2023, when Annexure-6 reply was given.

(3.) We have gone through the records and heard learned Counsel for the parties.