SHAKTI CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 30.07.2015 issued by the respondent Engineer-in-Chief (Central), Water Resource Department, Government of Bihar, Patna by which the registration of the petitioner bearing no. 29/2011 (First Class) has been blacklisted in exercise of power under Rule 11(ga) of the Bihar Contractor Registration Rule, 2007 (for short, the 'Rules') as being wholly without jurisdiction and contrary to Rule 11 of the said Rules as well as in violation of the principles of natural justice.

(2.) I.A. No. 7482 of 2015 has been filed for amendment of the relief mainly to include prayers (i) for quashing the order bearing no. 5447(E) dated 27.08.2015 by which the decision has been taken by the Departmental Tender Committee, Road Construction Department in the meeting held on 22.08.2015 declaring the technical bid of the petitioner to be unresponsive/unsuccessful in light of the blacklisting order dated 30.07.2015, (ii) for quashing the order passed by the respondent Secretary, Water Resources Department, Government of Bihar, Patna vide order no. 11/03-02/2015/4344 dated 04.09.2015 by which the appeal preferred by the petitioner under Rule 11(gha) of the said Rules against the order of blacklisting dated 30.07.2015 has been dismissed, (iii) for quashing the decision of the Departmental Tender Committee, Road Construction Department held on 03.09.2015 communicated vide letter nos. 5721 (E) and 5724 (E) dated 04.09.2015 wherein the intervenor-respondent M/s Sharda Construction (respondent no. 7) has been held financially qualified, and (iv) for a direction to the respondent-authorities not to enter into any agreement with M/s Sharda Construction (Respondent No. 7) in relation to the works in question pursuant to NIT No. RCD/Road Division No. 1, Aurangabad/01/2015-16 and also in relation to work at item no. 3 pursuant to NIT No. RCD/Road Division No. 1 Aurangabad/02/2015-15 dated 24.04.2015.

(3.) In view of the nature of the reliefs sought, the interlocutory application No. 7482 of 2015 stands allowed.