M/S D.K. Chaudhary And Company v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21324 of 2021 ====================================================== M/s D.K. Chaudhary and Company through its proprietor namely Dharmendra Kumar Chaudhary aged about 55 years (male) S/o Late Chandra Narayan Chaudhary, R/o Vill and P.O.-Panchobh, P.S.-Bishanpur, DisttDarbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna. 3.

The Chief Engineer-3, Rural Works Department, Govenrment of Bihar, Patna.

4.

The Superintendent Engineer, Rural Works Department, Works Circle, Darbhanga.

5.

The Executive Engineer, Rural Works Department, Works Division-1, DisttDarbhanga. 6.

The Assistant Engineer, Rural Works Department, Sub Division Hanuman Nagar, Distt-Darbhanga.

7.

The Nodal Officer (M.N.P.) Rural Work Department, Bihar, Patna. 8.

The Junior Engineer Rural Work Department, Work Division, Hanuman Nagar, Dist Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Respondent/s :

Mr.Ajay (Ga5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-02-2022 The petitioner has prayed for the following relief/s :- "for issuance of a writ in the nature of mandamus directing and commanding the respondents to refund the security and earnest money of petitioner deposited with regards to the Agreement No. 18SBD 2013/14 for construction of

Patna High Court CWJC No.21324 of 2021 dt.22-02-2022 2/2 road namely ekmi Ghat to Baghala -Godhiyari Road under 4515 M.N.P. scheme under work Division Darbhanga 1 to the petitioner and further for issuance of direction to the respondents to pay the maintenance amount to the petitioner as the said tender work was completed by the petitioner and maintenance of the said road was also done by the petitioner but till date neither maintenance amount was paid nor security and earnest amount was refunded to the petitioner which action of respondents are highly illegal, arbitrary, biased, mala fide and against the principle of natural justice. ii. For granting any other relief/reliefs for which the petitioner may be found entitled in the yet of law."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Permission granted.

The petition stands disposed of as withdrawn. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 25.02.2022 Transmission Date