Shubham v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1383 of 2022 ====================================================== Shubham S/o Surendra Sharma Resident of Mohalla-Shreenagar Colony, P.S.- Muzafarpur Sadar, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The Union of India through its Director General, Railway Board, New Delhi.

2.

The General Manager East Central Railway, Hajipur District Vaishali. 3.

The Senior Divisional Commercial Manager, Sonepur Division (E.C.R.) Sonepur 4.

The Divisional Manager (Commercial) Sonepur (E.C.R.) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Nitu Kumari, Advocate Mr. Avinash, Advocate Mr. Ratneshwar Prasad, Advocate Mr. Yogendra Kumar Singh, Advocate For the Respondent/s :

Mr. Ramadhar Shekhar (Addl. S.C. Railway) Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-03-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "1. That this writ application is preferred on behalf of above named petitioner in the nature of Mandamus Commanding the respondents authority to refund the total amount of Rs. 9,50,000/- Nine lakh fifty thousand Rupees) which has been deposited by petitioner as Security money Rs. 4,75,000/- (Four lakh seventy five thousand) and

Patna High Court CWJC No.1383 of 2022 dt.07-03-2022 2/2 performance Guarantee money Rs. 4,75,000/- (Four lakh Seventy five thousand) in the office of Divisional Rail Manager (Commerce Sonepur)."

After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such alternative remedies as are otherwise available in accordance with law, including the remedies arising out of Clause 26 of the agreement dated 18.01.2018, executed between the petitioner and Respondent No. 1. Permission granted.

The present petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 09.03.2022 Transmission Date