Chitra Kumar @ Chitra Kumari v. The Zonal Manager, L I C, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14331 of 2018 ====================================================== Chitra Kumar @ Chitra Kumari daughter of Late Nandlal Malakar, resident of Mohalla- Tekari Road, Goal Pathar, P.S.- Kotwali, District- Gaya (Bihar) present address- Road No. 9, S.K. Nagar, P.S.- Buddha Colony, DistrictPatna. ... ... Petitioner/s
Versus
1. The Zonal Manager, L I C, Patna
2. The Chief Engineer, (Engineering Section LIC) Patna Both Official address- Jeevan Deep Building, Exhibition Road, Patna.
3. The Senior Divisional Manager, LIC, Official Address Jeevan Prakash, Mazharul Haque Path, P.S.- Kotwali, District- Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar For the Respondent/s :
Mr. Raj Dular Sah ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 31-07-2018 Heard learned counsel for the petitioner and counsel appearing for the Life Insurance Corporation of India (hereinafter referred to as the LIC).
2. Petitioner seeks quashing of order dated 25.04.2018, passed by the respondent-LIC(Annexure-7) whereby the petitioner has been asked to remove DG set with effect from 1st August, 2018 stating therein that the contract of providing DG set at Gaya Branch Office-II has been terminated.
3. Learned counsel for the LIC submits that initially the petitioner was given a contract on 27.10.1997 for installation of 30 KVA new DG set for a period of three years. The said contract continued, last being vide Annexure-2 dated 30.05.2012, which as
Patna High Court CWJC No.14331 of 2018 dt.31-07-2018 2/2 per Clause 5 was for a period of three years beginning from 01.04.2010. He further submits that no new contract has been signed with the petitioner and the matter relates to an agreement between the parties arising out of contract, hence, no judicial review lies under Article 226 of the Constitution of India.
4. I am in agreement with the submission of the counsel for the LIC that the matter relates to a contract between the parties. The term of contract having expired, the LIC can enforce its agreement, for which this Court is not inclined to interfere.
5. Writ application is dismissed.
(Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2018 Transmission Date NA