Rajeev Nandan vs The State of Bihar

Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner is challenging the action of the

respondent, debarring him to participate in the new tender. The

ground has been assigned that he has not completed the work which

was allotted to him. The petitioner for the identical dispute has

already approached this Court in C.W.J.C. No.3321 of 2015, which

has been dismissed as withdrawn without any liberty and as such the

second writ is not maintainable in view of the decision of the

Supreme Court in the case of Sarguja Transport Service vs. State

Transport Appellate Tribunal, M.P. Gwalior and Ors, reported in

1987 AIR, 88.

Learned counsel for the petitioner submits that after the

withdrawal of the aforesaid writ application he approached the

Tribunal and the Tribunal has passed the order in his favour.

In such view of the matter, the petitioner may approach

the competent authority, who will act in terms of the order passed by

the Tribunal.

With the aforesaid observations and directions, this writ

application is dismissed.