Brajesh Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.15154 of 2017 dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15154 of 2017 =========================================================== Brajesh Kumar Singh, Son of Ram Chandra Singh, Resident of Misarauliya, P.S.- Chiraiya, District- East Champaran, Motihari. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Bihar, Patna.

4. The Deputy Chief Transporation, Bihar State Food and Civil Supplies Corporation Ltd., Bihar, Patna.

5. The District Manager, Bihar State Food and Civil Supplies Corporation, Sitamarhi.

6. The District Magistrate, Sitamarhi.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shashi Bhushan Kumar, Advocate. For the Respondents : Mr. Arbind Ujjawal, SC-4 For the Resp. Intervener : Mr. Ajay Kumar Thakur Mr. Birendra Kumar Sinha, Advocates.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 The present writ petition has been filed for the following reliefs:

(i) For issuance of writ of certiorari for quashing the letter no. 9535 dated 15.09.2017 issued under the signature of Deputy Chief, Transportation by which selection of petitioner as Transportation and handling agent is cancelled on the ground that petitioner was working as a Saff Jawan on contract basis at the time of Tender. (ii) For issuance of writ of mandamus commanding upon the respondents to appoint petitioner as Transportation Cum Handling Agent (Main) in the district of Sitamarhi. (iii) For the other reliefs which may be granted to the petitioner in the facts and circumstances of this case."

2. At the very outset, learned counsel for the respondent-

Patna High Court CWJC No.15154 of 2017 dt.20-02-2018 Corporation submits that as a matter of fact the reliefs sought by the petitioner is based on a misreading of the letter dated 15.09.2017 inasmuch as the matter of cancellation of the agreement of the petitioner has merely been recommended to the District Transport Committee and no final order of cancellation has been passed by the said letter.

3. Learned counsel for the petitioner fairly accepts the stand of the respondent in this regard.

4. In the above view of the matter and in the interest of justice, the writ petition stands disposed of with a direction to the District Transport Committee to consider and dispose of the matter on its own merit expeditiously and in any event within a week from the date of receipt/production of a copy of this Judgment, keeping in view the daily overhead expenses being incurred by the petitioner. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.02.2018 Transmission Date N.A.