M/S Takshshila Project v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7315 of 2022 ====================================================== M/s Takshshila Project Having its registered office at Rameshwar Apartment, Flat No. 404, Kankarbagh, Patna, through its power of attorney holder Dhirendra Kumar, Male, aged about- 46 years, Son of Late Vijay Kumar Ojha, Resident of Ward No 30 Shree Krishna Nagar, Motihari, P.S. Nagar, District- East Champaran.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

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

4.

The Chief Engineer, Rural Works Department, Government of Bihar, Patna. 5.

The Superintendent Engineer, Rural Works Department, Government of Bihar, Motihari.

6.

The Executive Engineer, Rural Works Department, Chakiya Work Division, Motihari.

7.

The Assistant Engineer, Rural Works Department, Chakiya Work Division, Motihari.

8.

The Junior Engineer, Rural Works Department, Chakiya Work Division, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivam, Advocate For the Respondent/s :

Mr. Ajay ( Ga 5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-06-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.7315 of 2022 dt.21-06-2022 2/3 Learned counsel submits that despite the petitioner having taken recourse to the procedure stipulated under the agreement entered into between the parties, the respondent has failed to take any decision thereupon.

In this view of the matter, in the attending facts and circumstances, as prayed for, we dispose of the present petition with direction to the respondent no. 3, namely, the Engineer In Chief, Rural Works Department, Government of Bihar, Patna to ensure that decision in terms of the agreement (page 20) is positively taken within the period stipulated therein or within a period of two months, whichever is later.

Liberty reserved to the petitioner to take recourse to such remedies as are otherwise available in accordance with law, should the need so arise after the decision is taken by the

Patna High Court CWJC No.7315 of 2022 dt.21-06-2022 3/3 authorities.

Needless to add, the decision has to be strictly in terms of the agreement and in compliance of the principles of natural justice.

The instant petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

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