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Patna High CourtCWJC/7274/2019withdrawn

Uma Shankar Singh v. The State Of Bihar

2022-11-15The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7274 of 2019 ====================================================== Uma Shankar Singh Son of Sri Chattulal Singh R/o Vill-Narayan Nagar, P.O.- Gurukul Mohiya, P.S.-Chapra Mufassil, 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 Engineer 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 :

Mrs.Archana Meenakshee (GP 6) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-11-2022 Petitioner has prayed for the following relief(s): "a) To quash Letter No. 242 dated 28.02.2019 issued by Respondent No. 6 whereby and whereunder agreement dated

Patna High Court CWJC No.7274 of 2019(3) dt.15-11-2022 2/3 11.07.2014 for construction of road from L096 BarariBhitta to Boura North West Tola (VR-63) under PMGSY scheme (Package no. BR-33R445) 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 constructive of road from L096 BarariBhitta to Boura North West Tola (VR-63) under PMGSY scheme (Package no. BR-33R-445).

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 agreements 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. 242 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 L096 BarariBhitta to Boura North West Tola (VR-63) under PMGSY scheme (Package no. BR-33R-445) during the pendency of the instant writ application.

Patna High Court CWJC No.7274 of 2019(3) dt.15-11-2022 3/3 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."

Learned counsel for the petitioner, under instruction, states that, in view of the intervening developments, the present petition has become infructuous. As such, petitioner may be permitted to withdraw the present petition. Prayer allowed.

Petition is disposed of as withdrawn.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U