PARAMATMA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in the two intra-court appeals is to a common judgment dated 01.11.2017 passed by the learned Writ Court in CWJC No. 10293/2017 and CWJC No. 14477/2017 preferred by the petitioner - appellant by which the learned Writ Court has been pleased to dispose of the Writ Applications with certain observations and directions.

(2.) It appears that the petitioner is a contractor registered with the Rural Works Department, Govt. of Bihar. He was awarded the works for construction and maintenance of Kudra - Parsathua Road and Shailas - Ekauni Road for which agreement was entered into between the petitioner and the Rural Works Department. The work was to be completed till 30.03.2013. The agreement also contained maintenance clause which provided that the petitioner shall maintain the road for a period of five years and the bills will be paid accordingly.

(3.) It appears that the petitioner was served with a letter issued by the Executive Engineer, Rural Works Department, Mohania (Kaimur) vide Annexure-4 to the Writ Application (CWJC No. 10293/2017) stating that the petitioner was not maintaining the road in terms of the agreement. Later, the Engineer-in-chief, Rural Works Department, Govt. of Bihar issued a letter dated 28.06.2017 as contained in Annexure-5 to the Writ Application whereunder the petitioner along with a large number of other contractors has been debarred from participating in the future tenders because he had not completed the work / maintenance work.