Patna High CourtL.P.A/1402/2014dismissed

Om Prakash Sonu v. The State Of Bihar And ORS

2017-05-05Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1402 of 2014 IN Civil Writ Jurisdiction Case No. 9976 of 2013 =========================================================== Om Prakash Sonu, son of Sri Ujjawal Prasad, Resident of Ward No. 16/11, Sastri Nagar, P.O. & P.S.- Araria, District- Araria .... .... Appellant

Versus

1. The State of Bihar

2. The Principal Secretary, P.H.E.D., Vishwasaraiya Bhawan, Bihar, Patna

3. The Engineer-in-Chief, P.H.E.D., Vishwasaraiya Bhawan, Bihar, Patna

4. The Chief Engineer, PHED, Bhagalpur, Bihar

5. The Superintendent Engineer, PHED, Darbhanga

6. The Executive Engineer, PHED, Araria

7. The Executive Engineer, PHED, Munger

8. The District Development Commissioner, Araria

9. The District Panchayati Raj Officer, Collectorate, Patna

10. The Executive Engineer, District Rural Development Organisation, Araria .... .... Respondents =========================================================== Appearance :

For the Appellant/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, AC to AAG-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 05-05-2017 Heard learned counsel for the appellant and counsel for the respondent State.

No interference would be warranted with the order dated 15.05.2014, in fact, the learned Single Judge was magnanimous enough to entertain the writ application which was not maintainable because a writ for payment or enforcement of contract can only arise provided there are no disputes as to the

Patna High Court LPA No.1402 of 2014 dt.05-05-2017 2/2 amount claimed and what is payable and the same has been accepted by the other side. In the present case, it does not seem to be so.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.05.2017 Transmission Date NA