M/S S. L. Rathour Hotels Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6271 of 2018 =========================================================== M/s S. L. Rathour Hotels Pvt. Ltd., Khagri Road, Takiya Par, P.O.- Digha, Danapur, District- Patna- 800012 through its Managing Director, Santosh Kumar, Son of Shri Subodh Prasad Singh, resident of Village- Khagri Road, Takiya Par, P.O.- Digha, Danapur, District- Patna- 800012. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Tourism, Government of Bihar, Patna.

2. The Principal Secretary, Department of Tourism, Government of Bihar, Patna.

3. The Bihar State Tourism Development Corporation Ltd. Birchand Patel Marg, Patna through its Managing Director.

4. The Managing Director, the Bihar State Tourism Development Corporation Ltd., Birchand Patel Marg, Patna.

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

For the Petitioner : Mr. Amrit Abhijat, Mr. Manoj Kumar, Gupta, Advocates.

For the Respondents : Mr. S.S.P. Yadav, SC-14 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-04-2018 The present writ petition has been filed for the following reliefs - (A) To issue a writ in the nature of Mandamus commanding and directing the respondents and in particular respondent no. 4, the Managing Director, Bihar State Tourism Development Corporation, Patna to issue allotment order of conference Hall, Buxar and also to do agreement as in compliance of letter dated 18.02.2017 contained in 106/54/H&C) ESSTT./16-17/198/2017 issued by respondent no. 4 informing the petitioner that he has succeeded in allotment of Tender and he has to deposit

an amount of Rs. 1,46,050/- with tax within a period of one week from the date of receipt of the letter. Petitioner received letter on 01.03.2017 and same day deposited contract amount as well as security deposit.

(B) To issue a writ in the nature of Mandamus commanding and directing the respondents to make allotment of Conference Hall, Buxar for a period of one year 5 months and 7 days as respondents have not handed over possession of Conference Hall, Buxar nor has executed agreement to that effect uptill now on the other hand petitioner has deposited contract amount with tax as well as security deposit on 01.03.2017.

(C) Any other relief or reliefs, writ or writs, direction or directions which this Hon'ble Court may deem fit and proper in the facts and circumstances may also be granted.

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation dated 09.05.2017 (Annexure-3 series) filed before the Principal Secretary, Department of Tourism, Government of Bihar, Patna (Respondent No. 2) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

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

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Principal Secretary, Department of Tourism,

Government of Bihar, Patna (Respondent No. 2) to consider and dispose of the petitioner's representation dated 09.05.2017 (Annexure-3 series), if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.04.2018 Transmission Date N.A.