Disksha Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5564 of 2023 ====================================================== Disksha Bharti, Wife of Sri Chandan Kumar Singh, Resident of New Colony Saharsa ward No. 09, Police Station and District Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Building Construction Department Bihar, Patna.

2.

Principal Secretary, Building Construction Department Bihar, Patna. 3.

Engineer-in-Chief, Building Construction Department Bihar, Patna. 4.

Chief Engineer, Building Construction Department Bihar, Patna. 5.

Superintending Engineer, Building Construction Department Saharsa District Saharsa.

6.

Executive Engnieer, Building Construction Department Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Respondent/s :

Mr. Manoj Kr. Ambastha (SC-26) Mr. Tripurari Nath Ambastha, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 20-07-2023 1.

The petitioner has prayed for quashing of a short tender notice 05 of 2022-23 and further sought for a direction to e-tendering this relief and other three reliefs.

2. In so far the first relief is concerned, it cannot be interfered at this belated stage for the reasons that contractor who has been awarded work has already executed the work. Even

Patna High Court CWJC No.5564 of 2023(6) dt.20-07-2023 2/3 assuming that he is impleaded and finally if the short tender notice cited supra stands set aside, the petitioner is not likely to gain anything.

3. In this backdrop the petitioner seeks time to address on the next date of hearing.

4. At this stage, Ld. Counsel for the respective parties submitted that the present matter may be disposed of with a direction to the petitioner to submit representation in so far as the prayer no. (ii)(iii)(iv), for the reasons that as on the date of the present petition, the petitioner had not approached the authorities. In the absence of approaching the concerned authority in writing, question of issuance of writ of mandamus is not warranted.

5. Therefore, the present petition stands disposed of, reserving liberty to the petitioner to approach the concerned authority by submitting representation/application.

If such representation/application is submitted, the concerned authority shall examine and decide the petitioner's grievance in accordance with law,

Patna High Court CWJC No.5564 of 2023(6) dt.20-07-2023 3/3 within a reasonable period of time.

6. The writ petition stands disposed of accordingly.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) Skm/ramesh/- U T