M/S Bright Intelligence And Security Services Aashirvad Building v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2474 of 2022 ====================================================== M/S Bright Intelligence and Security Services Aashirvad Building Opposite Tapasiya Complex, Boring Road Patna, Police Station S.K. Puri, Dist. - Patna through its Authorised signatory Nirbhey Shankar son of Late Kameshwar Lal Das. Male, aged about 57 years, R/o Maharani Colony, Agamkuan, P.S. Bye Pass, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Social Welfare Department, Govt. of Bihar, Patna, Bihar, P.S.-Sachivalaya, Dist.-Patna. 2.

The Director, Social Welfare Department, Govt. of Bihar, Patna, P.S.- Sachivalaya, Dist.-Patna.

3.

Assistant Director, District Social Security Cell, Banka, Social Welfare Dept. P.S.-Sachivalaya, Dist.-Patna.

4.

District Officer, Banka, P.S.-Sadar, Dist.-Patna. 5.

Chief Executive Officer, Sakshan, Patna, P.S. Shastri Nagar, Dist. Patna. 6.

District Manager, District Programme Management unit, Sakcham, cum, Buniyad Kendra, Banka, P.S. Sadar, Dist. Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Bijpuria, Advocate Mr. Anil Kumar Gupta, Advocate For the Respondent/s :

Smt. Kumari Amrita, GP 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 16-03-2023 Heard learned counsels for the respective parties.

2. In the instant petition, petitioner has prayed for the following reliefs:

"(i) For the issuance of an appropriate writ in the nature of certiorari quashing the letter dated 31.01.2022 issued by the District Manager, District programme manager cell, SAKSHAM, Banka, the respondent no. 6 vide memo no. BPMV/ BANKA/2022/11 dated 31.01.2022 contained in Annexure 15 by which he issued a notice of one month

Patna High Court CWJC No.2474 of 2022 dt.16-03-2023 2/2 informing the petitioner that the agreement will terminate on 28.02.2022. Thereafter the said agreement shall stand cancelled since moto. This letter has been issued by the respondent no. 6 arbitrarily and malafidy without considering the reply to show-cause submitted by the petitioner. (ii) For issuance of an appropriate writ or writs in the nature of mandamus commanding the respondents to pay all the bills of the petitioner immediately without any delay. (iii) To pass an appropriate order or orders to which this Hon'ble court may deem fit and proper."

3. Learned counsel for the official respondent, on instruction, submitted that the grievance of the petitioner insofar as prayer No. 1 is concerned, do not survive for consideration in the light of settlement of payments with reference to prayer No. 2. In the light of these facts and circumstances, present petition do not survive for consideration.

4. Accordingly, present petition stands disposed of. If any disputed facts are existing, the petitioner is at liberty to invoke appropriate remedy.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.03.2023 Transmission Date NA