Deepak Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.14366 of 2017 dt.17-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14366 of 2017 =========================================================== Deepak Kumar, Son of Shri Rameshwar Prasad Singh, Resident of VillageSihma, P.S.- Matihani, District- Begusarai. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.

2. The Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.

3. The District Transport Committee, Madhubani.

4. The District Magistrate, Madhubani.

5. Bihar State Food & Civil Supply Corporation Ltd., Sone Bhawan, 5th Floor, Bir Chand Patel Patha, Patna- 800011 through its Managing Director.

6. The Managing Director, Bihar State Food & Civil Supply Corporation Ltd., Sone Bhawan, 5th Floor, Bir Chand Patel Patha, Patna- 800011

7. The Deputy Chief Transportation, The Bihar State Food and Civil Supply Corporation Khadya Bhawan, Daroga Rai Path, R. Block, Road No. 2, Patna.

8. The District Manager, B.S.F.C., Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjeet Kumar, Advocate. For the Corporation : Mr. Harish Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-04-2018 The present writ petition has been filed for quashing of the order contained in Memo No. 9244 dated 09.09.2017 issued under the signature of the Managing Director, Bihar State Food & Civil Supply Corporation Ltd. whereby and whereunder the agreement to work as Transport cum Handling Agent (Main) in the revenue district of Madhubani, executed with the petitioner has been cancelled.

2. At the very outset, this Court takes note that the second supplementary affidavit filed on behalf of the petitioner in

Patna High Court CWJC No.14366 of 2017 dt.17-04-2018 which it is stated that remedy before the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 could not be availed of as the said Tribunal was not functioning at the time of filing of the writ petition which is however now functioning.

3. Learned counsel for the respondents appears and has been heard.

4. In the above view of the matter, this Court is not inclined to interfere in the matter. The petitioner would be at liberty to avail of the remedy before the Bihar Public Works Contracts Disputes Arbitration Tribunal for redressal of his grievances.

5. The writ petition accordingly stands disposed. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24.04.2018 Transmission Date N.A.