It is to be noted that in fact CWJC No. 23120 of 2018 itself was not maintainable, for the reasons that the petitioner had a statutory remedy before the Civil Court. Even though there is a direction and it has not been implemented in that event petitioner Patna High Court CWJC No.16995 of 2019 dt.27-02-2023 3/3 had the remedy of filing MJC (contempt) and not in filing yet another writ petition.

Prima-facie, relief insofar as debarment and cancellation of agreement is concerned the petitioner has statutory remedy before the Bihar Public Works Contracts Disputes Arbitration Tribunal. Insofar as blacklisting is concerned perusal of records it is evident that it is only a proposal and it has not attained finality so as to interfere with the issue of blacklisting.

It is crystal clear that it is nothing but expanding the scope of 4.7(ii). If the respondents have already the option of bracketing pending ATR and nonperformance of 5 years of maintenance work under record of poor performance, there was no need to issue such a letter adding these terms in clause 4.7(ii) and 4.8 (supra) of Patna High Court CWJC No.13711 of 2022 dt.25-02-2023 5/5 SBD/MBD document. The Engineer in Chief has no authority to clarify 4.7(ii) or 4.8 for which he was not the competent authority in the present case in the State cabinet.

In light of the principle laid down in the Apex Court's decision, we find prima facie that the appellate authority's order dated 19.03.2018 is not a speaking order. Hence, it is set aside and the matter is remanded to the appellate authority to Patna High Court CWJC No.7540 of 2019 dt.24-02-2023 6/6 consider the petitioner's appeal afresh within a period of three months from the date of receipt of this order. The appellate authority is hereby directed to take note of each and every contention stated in the memorandum of appeal and proceed to pass the order strictly in accordance with relevant materials and rules.

Concerned authorities are hereby directed to take a decision and communicate the same to the petitioner within a period of 15 days from the date of receipt of this Patna High Court CWJC No.767 of 2023 dt.22-02-2023 3/3 order. In the event of any hurdle, it must be a reasoned decision.