MAHESH NARAIN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Under NIT Reference No. WRD/MID/SIMDEGA/IFB-05/2015-16 work order was alloted to the petitioner on 7.2016(Annexure-4) by the Executive Engineer, M.I. Division, Simdega on being successful in the tender process for construction of Check Dams in the Simdega Circle . Under NIT No. WRD/MID/GUMLA-IFB-14/2015-16 (Annexure-3 to I.A. No.8164 of 2016) on being successful, an agreement was executed with the petitioner on 28.6.2016 for construction of certain Check Dams in the District of Gumla at Karcha Nala, Ghaghra Nala and Haroop Nala. Petitioner has contended that in respect of the work allotted in Simdega District, he has executed 60% of the work. In respect of agreement entered for work in Gumla District, he has not been able to execute any work because of intervening development and cancellation of the work order / agreement.

(3.) Petitioner approached this Court on issuance of a communication bearing no. 402 dated 29.6.2016 by the Engineer-in-Chief-II, Water Resources Department to the Chief Engineer, Minor Irrigation, Ranchi/Dumka (Annexure-5), referring to letter dated 27.5.2016 and letter dated 4.2014 of the Rural Works Department. It was directed that no work or agreement be entered with the petitioner as the Rural Works Department has informed through letter dated 4.2014 that petitioner has been blacklisted by the said department. This was on the complaint of one M/s Saurav Constructions, Bishunpur, Gumla. Petitioner apart from challenging memo no. 1257 dated 4.2014(Annexure-6), order of blacklisting, sought quashing of the impugned letter dated 29.6.2016 where under the Respondent Authorities of the Minor Irrigation Department were directed not to execute agreement in his favour.