MAGADH ADVERTISING Vs. BIHAR STATE BRIDGE

JUDGEMENT

(1.) HEARD counsel for the petitioner and the Advocate General appearing on behalf of the Bridge Construction Corporation.

(2.) PETITIONER is the company working in the area of advertisement. This application has been filed by the petitioner for quashing the letter no. 428 dated 9.4.2007 issued under the signature of Deputy Chief Engineer, South Bihar Circle, State Bridge Construction Corporation, Patna (hereinafter referred to as Corporation), whereby petitioner 'sappointment as sole agent for advertising commercial publicity on newly constructed Chiraiyatand bridge has been cancelled due to non execution of agreement within the stipulated period as mentioned in Letter no. 74 dated 15.1.2007.

(3.) PETITIONER 'scase is that on receipt of letter dated 15.1.2007 he solicited direction and information from respondent no.2 by sending a letter on 19.1.2007. In this letter he also requested for providing draft copy of agreement prepared in the office of respondent no.2. He was waiting for draft copy of agreement in view of the precedent and practice prevailing in Government Departments and Corporations. The form of contract and contract deed has to be prepared by the department as this is the mandatory requirement as per Rules 168, 169 and 170 of the P.W.D. Code. The Bihar Financial Rules also specially lays down in Rule 246(2) that the form of contract shall be prescribed by the State Government in consultation with its law officer. Petitioner 's case is that despite his repeated request the draft copy of agreement was not supplied by respondent no. 2 on the ground that the form of agreement is not available in the office of the Corporation. Petitioner was served with letter no. 415 dated 3.4.2007 whereby he was directed to execute an agreement on non judicial stamp paper within eight days of issuance of the letter. On receipt of this letter petitioner visited the office of respondent no. 2 for demanding the draft copy of agreement but the office staff said that the petitioner himself should get it prepared, typed on one hundred rupees non judicial stamp paper and submit it in the office of the Corporation for its execution. Petitioner on 7.4.2007 sent the deed of agreement with security money in the shape of bank guarantee of Rs. 16,06000/ - through courier for executing the agreement. It was duly received in the office of respondent no. 2 well within eight days extended time. The respondent thereafter on 9.4.2007 issued impugned letter no. 428 stating that due to non execution of agreement within stipulated period mentioned in letter no. 74 dated 15.1.2007 and time extending through letter no. 415 dated 3.4.2007 is hereby cancelled.