Smt. Sunita @ Sunita Viswakarma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4338 of 2014 ====================================================== Smt. Sunita @ Sunita Viswakarma, W/o Suresh Vishwakarma, Resident of Viswakarma Chauraha Purna Mehra Gorakhpur Road, Devari, P.O. Devaria, P.S. Kotwali, Devaria, District - Devaria ( U.P. ) .... .... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Road Construction Department, Govt. Of Bihar, New Secretariate, Patna

3. Mr. A.K. Singh, General Manager, Gammon India Limited, Gammon House, Veer Savakar Marg Prabha Devi, Mumbai 400025

4. The Project Incharge, Gammon India Limited, Project Hajipur, Muzaffarpur, Project NH-77, Kamtol, Muzaffarpur at Vaishali

5. Ravi Kumar Roy, Proprietor of Jantri India Construction (Pvt.) Ltd. Office No. 24 Jivan Plaza, Patrakar Puram, Gomati Nagar, Lucknow .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Md. Ataur Rahman, Advocate For the Respondents : Mr. Madhuresh Prasad, GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-01-2016 At the very outset, a preliminary objection against maintainability has been raised on behalf of the respondents with reference to the statements made in paragraphs 4 and 6 of the writ petition to the effect that there is no privity of contract between the petitioner and the State, rather if, at all the contract subsists between the petitioner and the private respondent no.5.

2. In the above view of the matter, the dispute being between the petitioner and the private respondent, the writ petition is not maintainable and as such, the same is dismissed. (Vikash Jain, J) B.T/- U