Classicon Construction (I) Pvt. Ltd. v. The Patna Smart City Ltd. (Pscl),

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2104 of 2020 ====================================================== Classicon Construction (I) Pvt. Ltd. through its Director Rajiv Ranjan, S/o Late Ram Naresh Sharma, resident of Plot No. 120, Road No. 21, Sri Krishna Nagar, P.S.-Budha Coloney, District in the town of Patna 800013. ... ... Petitioner/s

Versus

1.

The Patna Smart City Ltd. (PSCL), S.P.V. formed by Government of Bihar and Patna Municipal Corporation, 5th Floor, Biscoman Tower, West Gandhi Maidan, Patna through its Chairman-cum-Divisional Commissioner Patna, Patna Smart City Ltd. (PSCL).

2.

The Chairman, Patna Smart City Ltd. (PSCL)-cum-Divisional Commissioner Patna, 5th Floor, Biscoman Tower, West Gandhi Maidan, Patna.

3.

The Managing Director, Patna Smart City Ltd. cum Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna. 4.

The Chief General Manager, Patna Smart City Ltd. 5th Floor Biscoman Tower, West Gandhi Maidan, Patna.

5.

The Manager (M and E) cum Project In-charge, Patna Smart City Ltd. 5th Floor Biscoman Tower, West Gandhi Maidan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Dayal Singh with Mr. Deepak Pd. Sinha, Advocates For the Respondent/s :

Mr. Lalit Kishore, A.G.

Dr. Ranjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 01-08-2022 Heard learned counsel for the petitioner and learned counsel for the respondents.

The matter relates to construction of Duch Cafeteria Ganga Pathway behind Patna College awarded under the supplementary agreement. Learned counsel for the petitioner

Patna High Court CWJC No.2104 of 2020(7) dt.01-08-2022 2/2 submits that the same is arbitrary and illegal and a show cause notice ought to have been served on him before taking any decision. He thus prays that a writ in the nature of mandamus be issued to make payment to him of the amount due and he be given an opportunity of hearing by the Competent Authority. The Court finds substance in the submission of learned counsel for the petitioner.

In view therefore, we thus dispose of the writ petition with a direction that the Managing Director, Patna Smart City Ltd.-cum-Municipal Commissioner, Patna Municipal Corporation shall afford an opportunity of hearing to the petitioner on a representation being filed before him within 15 days from today and pass a speaking order.

(Rajan Gupta, J) ( Dr. Anshuman, J) Anjani/- U