M/S Construction And Construction vs State Of Bihar

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

“ A. For quashing of the order contained in memo no. 7689 dated 10.11.2020 issued under the signature of the Chief Engineer, Design, Planning

and Monitoring, Urban Development and Housing Department, Government of Bihar, Patna whereby the petitioner company has been blacklisted for

one year in purported exercise of power under Rule-11 (ka)(vii) of Bihar Contractors Registration Rules, 2007 in erroneous and illegal

manner.â€Learned counsel for the petitioner states that petitioner’s appeal is pending before the appellate authority and petitioner shall be content

if a direction is issued for expeditious disposal of the same.

Learned counsel for the respondents states that appeal shall be considered and decided within a period of one month from the date of appearance of

the petitioner before the Appellate Authority along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:-

(a) Petitioner shall make himself available before appellate authority on 14th of February, 2022;

(b) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired;

(d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment;

(e) The Appellate Authority shall decide the appeal on merits, in compliance of the principles of natural justice;

(f) The Appellate Authority shall pass a reasoned and speaking order, within a period of three months from the date of appearance of the petitioner

before the Appellate Authority;

(g) Copy of the order passed by the Appellate Authority shall be supplied to the parties;

(g) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(h) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the

same shall be dealt with, in accordance with law and with reasonable dispatch;

(i) We have not expressed any opinion on merits and all issues are left open;

(j) Liberty reserved to the petitioner to assail the order, before the appropriate forum, should the need so arise subsequently.

The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.