Shama Rani v. Muzaffarur Municipal Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10457 of 2025 ====================================================== Shama Rani, aged about 47 years, Female, Wife of Nadeem Hassan, Resident of Mohalla- Kachchi Sarai Chakbasu P.O.- Ramana P.S.-Mithanpura, DistrictMuzaffarpur. ... ... Petitioner

Versus

1.

Muzaffarur Municipal Corporation Muzaffarpur. 2.

The Nagar Ayukt (Town Commissioner), Muzaffarpur Municipal Corporation, Muzaffarpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Arvind Kumar Verma, Advocate For the Respondents :

Mr. Awadhesh Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 15-07-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The following reliefs have been sought by the petitioner in the present writ application:-

1. (i) For issuance of an appropriate writ, order or direction in the nature of certiorari quashing the letter no. 313/Ger, dated 25.01.2025 issued by the Nagar Ayukt (Town Commissioner), Muzaffarpur Municipal Corporation, Muzaffarpur, the respondent no. 2, whereby settlement of Jubba Sahni Park Canteen No. 02 with the petitioner has been cancelled and the three months rental deposited by her as advance has been forfeited. Also the petitioner's name has been put in the black list.

(ii) For issuance of an appropriate writ, order or direction in the nature of mandamus

Patna High Court CWJC No.10457 of 2025(5) dt.15-07-2026 2/3 commanding and directing the Respondents to cancel the selection of petitioner for operation of Jubba Sahni ark Canteen No.

02 which she was selected as the highest bidder in the tender held on 21.04.2023 because of unilateral alteration of the terms of the tender and imposition of undisclosed conditions which lack transparency in the tender process.

(iii) For issuance of an appropriate writ, order or direction in the nature of mandamus commanding and directing the Respondent no. 2 to refund the entire deposited amount of Rs. 1,66,500/- (one lac sixty six thousand and five hundred) to the Petitioner which she has deposited three months rent as advance money.

(iv) For issuance of an appropriate writ, order or direction commanding and directing the Respondent no. 2 to return the Non-Judicial Stamp Paper of Rs. 1,000/- submitted by petitioner for execution of the agreement.

(v) To grant any other relief or reliefs for which the petitioner may be found entitled."

3. The petitioner confines her prayer to the security money amounting to Rs. 1,66,500/- (One Lac Sixty Six Thousand and Five Hundred) deposited by the petitioner as rent of three months. Learned counsel for the petitioner submits that the security deposit cannot be forfeited and the same be returned to her.

4. Learned counsel for the Municipal Corporation, Muzaffarpur expresses no objection to the submission advanced on behalf of the learned counsel for the petitioner.

Patna High Court CWJC No.10457 of 2025(5) dt.15-07-2026 3/3

5. Considering the aforesaid facts, the respondent no. 2, Nagar Ayukt (Town Commissioner), Muzaffarpur Municipal Corporation, Muzaffarpur is directed to refund the forfeited amount of Rs. 1,66,500/- (One Lac Sixty Six Thousand and Five Hundred) only to the petitioner within a period of four weeks from the date of receipt/production of a copy of this order.

6. With the aforesaid direction/observation, the present writ application stands disposed of.

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

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) U.K./-Nitesh U