Parmar Enterprises, v. The Uniion Of Inida
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11815 of 2021 ====================================================== Parmar Enterprises, through its Partner Kripakant Singh aged about 49 Years, Male Son of Ramashish Singh, Resident of Ward No.12, near Mother Teresa School, Chinvaniya, Motihari, P.S. Paharpur District East Champaran, Bihar. ... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Ministry of Tourism and Culture, Government of India, New Delhi.
2.
The Chairperson, National Monuments Authority, Ministry of Tourism and Culture, Government of India, New Delhi.
3.
The Secretary, National Monuments Authority, Ministry of Tourism and Culture, Government of India, New Delhi.
4.
The State of Bihar through the Principal Secretary, Art Culture and Youth Department, Government of Bihar, Patna.
5.
The District Magistrate, West Champaran, District West Champaran, Bettiah, Bihar.
6.
The Bihar Rajya Pool Nirman Nigam Ltd. Having its Registered Office at 7, Sardar Patel Marg, Patna through its Managing Director. 7.
The Managing Director, Bihar Rajya Pool Nirman Nigam Ltd. having its Registered Office at 7, Sardar Patel Marg, Patna, Bihar. 8.
The Senior Project Engineer, Bihar Rajya Pool Nirman Nigam, Works Division, Champaran (Motiahri), Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Ranjan, Advocate For the Respondent/s :
Mr.Dr. K. N. Singh, ASG Mr. Anshuman Singh, CGC Mr. Awanish Nandan Sinha, GP-21 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)
Patna High Court CWJC No.11815 of 2021(2) dt.10-01-2022 2/3 10-01-2022 Petitioner has prayed for the following relief(s): "(i) Direction upon the Respondent No. 2 to issue the No Objection Certificate for construction of the High Level RCC Bridge for which a request is already pending since 02.03.2021.
(ii) Direction upon the Respondents to revise the estimates and grant price escalation for completion of the remaining work followed by the grant of extension of time in connection with the execution of the Agreement dated 27.10.2018; and (iii) Direction upon the Respondents to release the performance guarantee/Additional Performance Guarantee and other deductions made in connection with the execution of the Agreement."
After the matter was heard for some time, learned counsel for the petitioner, under instruction, states that petitioner would be content if the petition is permitted to be withdrawn, reserving liberty to approach the authority concerned i.e. Archaelogical Survey of India, for redressal of the grievances. Prayer allowed.
The present petition is, accordingly, disposed of as withdrawn reserving liberty to the petitioner to file appropriate representation before the appropriate authority indicated above within a period of four weeks from today. If such a representation is filed by the petitioner within the stipulated time, the authority concerned is directed to consider the same and dispose it of by a speaking order expeditiously and
Patna High Court CWJC No.11815 of 2021(2) dt.10-01-2022 3/3 preferably within a period of four weeks thereafter. Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U