Uttar Pradesh Rajkiya Pul Nirman Nigam Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.258 of 2020 In Civil Writ Jurisdiction Case No.645 of 2020 ====================================================== Uttar Pradesh Rajkiya Pul Nirman Nigam Limited through Ved Prakash Srivastav, Project Manager, Samastipur Unit, Bihar, aged about 52 years, Male, son of Brijesh Kunwar Srivastav, Resident of- Lekhraj Enclave, Sec- 2, Flat No. 8, 6th Floor, Vikas Nagar, Lucknow.

... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Joint Secretary, Department of Health, Bihar, Patna. 3.

The Board of Director, Bihar Medical Services and Infrastructure Corporation Limited, Patna, 4th Floor, BSBCCL Building, Hospital Road, Shastri Nagar, Patna.

4.

The Chief General Manager (Project) Bihar Medical Services and Infrastructure Corporation Limited, Patna, Bihar Medical Services and Infrastructure Corporation Limited, Patna, 4th Floor, BSBCCL Building, Hospital Road, Shastri Nagar, Patna.

5.

The General Manager, Bihar Medical Services and Infrastructure Corporation Limited, Patna, The Joint Secretary, Department of Health, Bihar, Patna.

6.

The Managing Director, Bihar Medical Services and Infrastructure Corporation Limited, Patna, The Joint Secretary, Department of Health, Bihar, Patna.

7.

The Tender Evaluation Committee, Bihar Medical Services and Infrastructure Corporation Limited, Patna, through Chief General Manager, Bihar Medical Services and Infrastructure Corporation Limited, Patna, The Joint Secretary, Department of Health, Bihar, Patna. 8.

Shapoorji Pallonji and Company Limited, P.S. Srijan Corporate Park, TowerI, 7th Floor, Plot No. G-2, Block- GP, Sector- V, Salt Lake, Kolkata7000091. ... ... Respondent/s

Patna High Court L.P.A No.258 of 2020(2) dt.27-05-2020 2/3 ====================================================== Appearance :

For the Appellant/s :

Mr. Aditya Shankar, Adv.

Mr. Ranjeet Kumar, Adv.

For the Respondent/s :

Mr. Lalit Kishore, AG Mr. Vikas Kumar, S.C. 11 Mr. Mrigank Mauli, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judge through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-05-2020 Heard learned counsel for the appellant and learned counsel for the respondents.

The instant appeal has been preferred against the judgment dated 18.05.2020 passed by a learned Single Judge of this Court in C.W.J.C. No. 645 of 2020, titled as Utter Pradesh Rajkiya Pul Nirman Nigam Limited vs. The State of Bihar & Ors, whereby and whereunder the learned Single Judge dismissed the writ petition finding the claim of the petitioner absolutely untenable and further stating that there is limited scope of judicial interference in the matters of Government contracts.

After the matter was heard for some time, learned counsel for the appellant seeks permission to withdraw the present appeal enabling the appellant to file an application

Patna High Court L.P.A No.258 of 2020(2) dt.27-05-2020 3/3 seeking review of the judgment dated 18.05.2020 passed in C.W.J.C. No. 645 of 2020, titled as Utter Pradesh Rajkiya Pul Nirman Nigam Limited vs. The State of Bihar & Ors. None has any objection to the same.

As such, the present appeal stands disposed of as withdrawn reserving liberty to the appellant as prayed for. (Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U