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2021 DIGILAW 1193 (PAT)

Sharda Bhawani Infrastructure Pvt. Ltd. v. State of Bihar

2021-12-22

MOHIT KUMAR SHAH, RAJAN GUPTA

body2021
RAJAN GUPTA, J.:–A challenge is to the impugned order dated 16.09.2021, operative part whereof reads as under :— ^^miq;ZDr fo"k; ds lacaèk esa eq[; vfHk;ark &1 xzkeh.k dk;Z foHkkx] fcgkj] iVuk dk i=kad 3345 ¼vuqñ½ fnukad 10-09-2021 }kjk izkIr vuq'kalk ds vkyksd esa layXu lwph&1 esa of.kZr laosndksa dks ,djkjukek esa fufgr izkoèkkuksa ds rgr ,djkfjr le; ds varxZr fuekZ.k dk;Z dks iw.kZ ugha dj] dk;Z dks yafcr j[ks tkus ds dkj.k mUgsa foHkkx }kjk fMQkWYVj ?kksf"kr djrs gq, vxyh fufonkvksa esa Hkkx ysus ls oafpr fd;k tkrk gSA ;g rRdky vkns'k dh frfFk ls izHkkoh gksxkA bl vk'k; dh lwpuk dk;Zikyd vfHk;ark vius Lrj ls Hkh lacafèkr losandks dks nsA** 2. The learned counsel for the petitioner submits that no show cause notice in respect of non-construction of the road was issued to the petitioner before the impugned order was passed. A perusal of the show cause notice dated 10.06.2021, on which reliance has been placed by the respondents, shows that there is some reference of maintenance work and not the construction work. In absence of any show cause notice, the petitioner has never got an opportunity to submit his response to the objections raised by the Rural Works Department. Besides, a perusal of the impugned order shows that the same is cryptic and suffers from non-application of mind. 3. Apart from this, a perusal of the order also shows that the same has been passed on the recommendation of the Chief Engineer, Rural Works Department, Government of Bihar, Patna, therefore, there is no independent application of mind by the authority concerned, who has passed the impugned order. 4. On all the above counts, the petition succeeds. The impugned order is hereby quashed qua the petitioner and the matter is remitted back to the concerned authority with liberty to serve a fresh show cause notice on the petitioner, seek its reply and then pass a reasoned and a speaking order in accordance with law. It is needless to state that the entire exercise, as aforesaid, shall be completed within a period of six weeks from today. 5. The writ petition stands allowed on the aforesaid terms.