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Patna High CourtCWJC/11050/2021disposed

M/S American Road Technology And Solutions Pvt. Ltd. v. The State Of Bihar

2021-10-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11050 of 2021 ====================================================== M/s American Road Technology and Solutions Pvt. Ltd. through its Head Projects namely Balagopal G Shenol, Gender- Male, aged about 48 years, Son of V.G. Shenoi, Resident of E 3/402, Shriram shreyas Appts, Kodigehalli, Main Road, Telecom Layout, Kodigehalli, Bangalore North, Vidyaranyapura, Karnataka, 560097 At present 39, Postal Colony, Sanjay nagar, Bengaluru, 560094 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Vikas Bhawan, Patna 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Vikas Bhawan, Patna 3.

Patna Municipal Corporation, C-Block, 2nd Floor, Maurya Lok Complex, Budha Marg, Patna, 800001 through the Municipal Commissioner, 4.

The Municipal Commissioner, Patna Municipal Corporation, C-Block, 2nd Floor, Maurya Lok Complex, Budha Marg, Patna, 800001 5.

The Executive Officer, Patna Municipal Corporation, C-Block, 2nd Floor, Maurya Lok Complex, Budha Marg, Patna, 800001 6.

The Municipal Financial Controller, Patna Municipal Corporation, C-Block, 2nd Floor, Maurya Lok Complex, Budha Marg, Patna, 800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar, Adv.

For the Corporation :

Mr. Prasoon Sinha, Adv.

For the State :

Mr. Rajeev Kumar Sinha, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-10-2021 The present writ petition has been filed seeking the following reliefs:- (i) For restoration of Bank Guarantee No. BG 18-382 dated 23.11.2018 worth Rs. 27,87,210/- issued by Canara Bank, Cantonment Branch,Spencer Towers 86, MG Road, Bangalore-560001

Patna High Court CWJC No.11050 of 2021(2) dt.06-10-2021 2/3 which has been illegally encashed by Patna Municipal Corporation.

(ii) For payment of service and spare bill worth Rs. 2,54,962/- by Patna Municipal Corporation.

(iii) For payment of interest to the petitioner on delayed payment of contractual amount for delay period i.e. 15.2.2019 to 12.2.2020.

(iv) For direction to the respondents to not to take any adverse action against the petitioner.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Municipal Commissioner, Patna Municipal Corporation, Patna for redressal of its aforesaid grievances.

The learned counsel for the Patna Municipal Corporation, Sri Prasoon Sinha and the learned counsel for the State, Sri Rajeev Kumar Sinha (AC to AAG-7), have got no objection.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of as not pressed, however, with

Patna High Court CWJC No.11050 of 2021(2) dt.06-10-2021 3/3 liberty to the petitioner to approach the Respondent No. 4 i.e. the Municipal Commissioner, Patna Municipal Corporation, Patna and in case, appropriate representation is filed, the Respondent No. 4 i.e. the Municipal Commissioner, Patna Municipal Corporation, Patna, shall consider the same and pass a speaking and a reasoned order within a period of eight weeks, thereafter and if, any admitted outstanding dues are found payable, the same shall be paid forthwith.

(Mohit Kumar Shah, J) Ajay/- U