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Patna High CourtCWJC/7587/2019withdrawn

Uma Shankar Singh v. The State Of Bihar

2022-10-18The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7587 of 2019 ====================================================== Uma Shankar Singh Son of Sri Chattulal Singh Resident of Vill- Narayan Nagar, P.O. Gurukul Mohiya, P.S.- Chapra Muffasil, District- Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

3.

The Special Secretary, Rural Works Department, Government of Bihar, Patna.

4.

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

5.

The Superintending Engineer, Work Circle Sitamarhi, Rural works Department, District- Sitamarhi.

6.

The Executive Engineer, Work Division Pupri, Rural Works Department, Pupri, District- Sitamarhi.

7.

The Assistant Engineer, Work Division Pupri, Rural Works Department, Pupri, District- Sitamarhi.

8.

The Junior Work, Work Division Pupri, Rural Works Department, Pupri, District- Sitamarhi.

9.

The District Magistrate, District- Sitamarhi. 10.

The Sub-Divisional Officer, Pupri Sub-Division, District- Sitamarhi. 11.

The Circle Officer, Circle - Pupri, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akshansh Ankit, Advocate For the Respondent/s :

Mr.Kumar Alok (S.C. 7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-10-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(a) To quash Letter No. 243 dated

Patna High Court CWJC No.7587 of 2019 dt.18-10-2022 2/3 28.02.2019 issued by Respondent No. 6 whereby and whereunder agreement dated 11.07.2014 for construction of road from L022NarayanpurSasula to Bhima Malkeshwar (VR-04) under PMGSY scheme (package no. BR-33R-442) awarded to the petitioner was cancelled without following the principles of natural justice and in utter violation of the settled position of law in this regard.

(b) For a direction upon the Respondents to allow the petitioners to continue with the execution of work pursuant to the work allotted to him vide agreement dated 11.07.2014 for construction of road from L022 NarayanpurSasula to Bhima Malkeshwar (VR-04) under PMGSY scheme (Package no. BR33R-442). (c) For a further direction upon the Respondents to prepare bills and release payment of bill amount and advances strictly in accordance with the terms and conditions stipulated in the agreement entered into with the petitioner.

(d) For a further direction upon the Respondents to not to give effect to impugned order as contained in Letter No. 243 dated 28.02.2019 during the pendency of the writ application.

(e) For a further direction upon the Respondents to abstain from initiating any fresh tender process in relation to construction of road from L022 NarayanpurSasula to Bhima Malkeshwar (VR33R-442) during the pendency of the instant writ application.

(f) To pass any other order/orders in shape of a consequential relief to which the petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand."

Patna High Court CWJC No.7587 of 2019 dt.18-10-2022 3/3 Learned counsel for the petitioner states that the present petition has become infructuous, inasmuch as, grievance of the petitioner has already been redressed. The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date