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Patna High CourtCWJC/4493/2010dismissed

Sunita Tiwari v. The State Of Bihar And ORS

2015-02-16Mr. Justice Birendra Prasad Verma1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4493 of 2010 ====================================================== Sunita Tiwari W/O Pawan Kumar Tiwari, Proprietor of New Pawan Electrical Works, Balua Bag, P.S.- Motihari, Town And Distt.- East Champaran At Motihari .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Civil Surgeon-Cum-Chief Medical Officer, East Champaran, Motihari

3. Deputy Superintendent-Cum-Secretary Rogi Kalyan Samiti, Motihari

4. M/S Alhelal Educational Trust, Jail Road, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None.

For the Respondent/s : Mr. Sudhir Kumar, AC to AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-02-2015 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition. However, learned AC to AAG-2 appearing on behalf of the respondent no. 1 to 3 submits that subsequently, the work was allotted to the respondent no. 4. Therefore, the writ petition filed on behalf of the petitioner, has, in fact, become infructuous. By referring to paragraph-15 of the counter-affidavit filed on behalf of the respondent no.2, it is submitted that the admitted dues of the petitioner shall be paid after its calculation.

In above view of the matter, since none is appearing on behalf of the petitioner to press this writ petition, the present writ petition is dismissed, but with a direction to the respondents to pay the admitted dues of the petitioner, as averred in paragraph-15 of the counter-affidavit, if not already paid during the interregnum period.

(Birendra Prasad Verma, J) BTiwary/- U