Phuldev Narain Singh Builtech Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17214 of 2016 ====================================================== Phuldev Narain Singh Builtech Pvt. Ltd. Muzaffarpur through its Managing Director Ajay Kumar son of Late Phuldeo Narayan Singh, resident of Nirmala Bhawan (Near Prabhat Tara Girls School), Bhagwanpur, P.S. - Muzaffarpur Sadar, District - Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Minor Water Resources Department, Bihar, Patna.

2. Principal Secretary, Minor Water Resources Department, Bihar, Patna.

3. Chief Engineer, Minor Water Resources Department, Bhagalpur.

4. Superintending Engineer (Headquarter), Monitoring, Minor Water Resources Department, Patna.

5. Executive Engineer, Minor Irrigation Division, Madhepura. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Respondent/s : Mr. Sita Ram Yadav-G.P.-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2017 As has been informed by the learned counsel for the State that during the pendency of the writ application a fresh advertisement was floated and the petitioner has participated therein as well as withdrawn his security deposit lying with the Department.

In such view of the matter, this writ application does not survive. Even though, the petitioner was single tenderer, but the department has gone for fresh advertisement,

Patna High Court CWJC No.17214 of 2016 (6) dt.26-04-2017 2/2 where the petitioner has himself participated without demure. The petitioner cannot be allowed to play hot and cold at the same time.

In such a situation, there is no need to proceed with the matter. Accordingly, this writ application is dismissed as having become infructuous.

(Shivaji Pandey, J) pawan/- U