ORAL ORDER 1. Heard learned counsels for the petitioners in both the cases as also learned counsel for respondent No.7, who is the petitioner in the second case, and learned counsels for the State in both the cases. 2. The petitioner M/s. Baijnath Nirman India Pvt. Ltd. in the first case seeks a direction upon the respondents particularly respondent Nos. 3, 4, 5 & 6 to reject the technical bid of respondent No.7 M/s. Shaligram Singh, a proprietorship firm with regard to Advertisement dated 11.10.2013 particularly in relation to 02 PMGSY 61 of Works Division Daudnagar, which has been accepted in Technical Bid Committee, RWD in its meeting dated 14.11.2013 by Resolution No.1. The petitioner M/s. Shaligram Singh in CWJC No.14748 of 2013 had filed the writ application for quashing the Office Order No.51/2013 passed by the Executive Engineer, Road Construction Department, Sahabad Road Division, Ara by Memo No. 1218 dated 5.7.2013 by which apart from rescinding agreement No.7SBD of 2011-12 for IRQP work with consequential effect he has further passed order blacklisting the petitioner. 3. Mr.Y.V.Giri, learned Sr.Counsel appearing for the petitioner along with Mr.Raj Kishore Prasad, Advocate On Record in the second case submits that in view of the earlier order dated 25.4.2013 passed by this Court, he is not pressing the first part of the impugned order dated 5.7.2013 with respect to rescinding with its consequential effect but is confining the writ application with respect to the order of blacklisting passed by the Executive Engineer and seeks liberty to challenge the rest of the order before the Bihar Public Works Contract Arbitration Tribunal. 4. The writ application (CWJC No.14748 of 2013) is, accordingly, confined to the issue of blacklisting and for the other matters liberty is granted to the petitioner to challenge the order of the Executive Engineer as also of the Principal Secretary, Road Construction Department before the Bihar Public Works Contract Arbitration Tribunal. 5. Both the writ applications have been heard together as the decision thereon depends upon the jurisdiction of the Executive Engineer to pass the order of blacklisting. 6. Learned counsel for the petitioner M/s. Shaligram Singh in CWJC No.14748 of 2013 submits that the petitioner has been wrongly blacklisted by the impugned order dated 5.7.2013 by the Executive Engineer, Road Construction Department, Sahabad Road Division, Ara since under the Bihar Contractors Registration Rules, 2007 he has no such jurisdiction. 6. Learned counsel for the petitioner M/s. Shaligram Singh in CWJC No.14748 of 2013 submits that the petitioner has been wrongly blacklisted by the impugned order dated 5.7.2013 by the Executive Engineer, Road Construction Department, Sahabad Road Division, Ara since under the Bihar Contractors Registration Rules, 2007 he has no such jurisdiction. In support of the same learned counsel relies upon Clause 4(Kha) and Clause 11(Ga) of the said Rules in which it is provided that the registration of contractors can only be done by officials authorized by the State Government who shall not be lower in rank than the Engineer-in-Chief or Chief Engineer and further that the power to blacklist a contractor can only be exercised by the registering authority or an authority under whose supervision the registering authority acts. It is thus submitted by learned counsel that in terms of the aforesaid provisions the order could not have been passed by an Executive Engineer who is neither a registering authority nor is an authority under whose supervision the Chief Engineer or Engineer-in-Chief function. 7. Learned counsel for the State is unable to show any provision under which the Executive Engineer could have passed an order of blacklisting. 8. Learned counsel for the petitioner further submits that the order has been passed without complying with the principles of natural justice. 9. In my view, it is evident that the Executive Engineer has not been conferred any authority under the Bihar Contractors Registration Rules, 2007 to blacklist any contractor and thus the impugned order dated 5.7.2013 in so far as it relates to the petitioner’s blacklisting is clearly without jurisdiction. It is, accordingly, quashed. 10. So far as CWJC No.24165 of 2013 is concerned the only ground on which direction to reject the technical bid of respondent No.7 M/s. Shaligram Singh has been sought is that the respondent has been blacklisted by order dated 5.7.2013 of the Executive Engineer, Road Construction Department, Sahabad Road Division, Ara and thus his technical bid could not have been considered as valid by the respondents. 11. Learned counsel for the petitioner submits that the petitioner is guilty of having sworn and submitted a false affidavit by stating that he has not been blacklisted, whereas there is an order of blacklisting against him. 12. 11. Learned counsel for the petitioner submits that the petitioner is guilty of having sworn and submitted a false affidavit by stating that he has not been blacklisted, whereas there is an order of blacklisting against him. 12. Learned counsel for the respondent No.7, however, submits that the blacklisting order is non est in the eye of law and he has challenged the same by filing CWJC No.14748 of 2013 on 24.7.2013 much before filing of affidavit on 26.10.2013 and thus it cannot be said that false affidavit has been sworn by him merely on account of the fact that a wholly without jurisdiction order has been passed by the Executive Engineer who has no authority to pass an order of blacklisting. 13. On a consideration of the facts and circumstances of the case, while it is true that respondent No.7 ought to have stated the details in his affidavit regarding the blacklisting even by an incompetent authority, but he having not done that cannot be fatal to the acceptance of technical bid by the Technical Bid Committee. 14. This Court, therefore, does not find any reason to interfere with the Resolution No.1 dated 14.11.2013 of the Technical Bid Committee, RWD in the matter. 15. In the light of the aforesaid discussions, CWJC No. 24165 of 2013 is dismissed and CWJC No.14748 of 2013 is allowed to the extent that the order dated 5.7.2013 of the Executive Engineer, Road Construction Department, Sahabad Road Division, Ara is quashed in so far as it directs blacklisting of the petitioner.