Md. Izharul Haque And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4889 of 2019 ====================================================== 1.

Md. Izharul Haque S/o Md. Ishak Chowdhary R/o Village Bikramganj, Post-Bikramganj, District-Rohtas 2.

Ashok Kumar Son of Late Sitaram Prasad R/o Village Bikramganj, Post Bikramganj, District-Rohtas 3.

Harendra Kumar Singh Son of Sri Jawahar Singh R/o Village Chanda, Post Gamhariya, P.S. Akodhi Gola, District-Rohtas 4.

Ankit Kumar Singh S/o Late Sushil Singh R/o Village Tiurra, Post Nauhatta, P.S. Chutia, District Rohtas ... ... Petitioners

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Patna 2.

The Principal Secretary Education Department, Patna 3.

The Director Midday Meal Programme, Education Department, Bihar, Patna 4.

The District Magistrate-cum-Chairman Contractor Selection Committee, Midday Meal Programme, Rohtas at Sasaram 5.

The District Magistrate Rohtas at Sasaram 6.

The Deputy Development Commissioner Rohtas 7.

The District Education Officer Rohtas 8.

The District Programme Officer Midday Meal Programme, Rohtas 9.

Madan Mohan Tiwary, Son of late Kripa Shanker Tiwary, Resident of Village Baldev Nagar, Ward No. 8, P.S. Sasaram, District- Rohtas, Bihar821115 10.

Mukesh Kumar Jain, Son of Jayant Kumar Jain, Resident of Subhash Nagar, Ward No. 14, Pali, Dehri-On-Sone, District- Rohtas, Bihar-821307 ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Sanjay Sing, Adv.

Mr. Sanjeev Kumar Singh, Adv.

For the Respondents :

Mr. Prabhakar Jha (Gp27) For the Respondent No. 10 :

Mr. Rabindra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2020 With the passage of time it appears that the issue under consideration in the present writ petition has been rendered academic, however, it is contended by the learned

Patna High Court CWJC No.4889 of 2019(4) dt.25-02-2020 2/2 counsel appearing for the petitioners that the respondents have failed to reply to the issue formulated by this Court by an earlier order dated 25.07.2017, hence, it should be presumed that they have got nothing to say in the matter, and the manner in which process of tendering was held and award of work contract was made, is full of latches and irregularities.

Without going into the merits of the case, since the subject matter of the present writ petition has become stale on account of contract being awarded to a third person and substantial work having been undertaken, I deem it fit and proper to consign the records of this case to the record room. The petition stands disposed of.

(Mohit Kumar Shah, J) K.K.RAO/- U