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Patna High CourtCWJC/9273/2022disposed

M/S Narsingh Construction v. The State Of Bihar

2022-07-29The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9273 of 2022 ====================================================== M/s Narsingh Construction Gangjala Saharsa, through its Partner Pratap Kumar Singh, aged about 47 years, Male, Son of Late Jai Mangal Singh, Resident of Shastri Nagar, Sipahi Tola, Ward No.3, P.S. K. Hat, District Purnia, Bihar.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate, District Saharsa, Bihar. 4.

The Chief Engineer- 2, Rural Works Department, Government of Bihar, Patna, Bihar.

5.

The Superintending Engineer, Rural Works Department, Works Division, Saharsa, District Saharsa, Bihar.

6.

The Executive Engineer, Rural Works Department, Works Division, Saharsa, District Saharsa, Bihar.

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

For the Petitioner/s :

Mr.Prabhat Ranjan, 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) (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.) Date : 29-07-2022 Petitioner has prayed for the following relief(s):- (i) Quashing of the Letter No. 2175 ANU dated 12.09.2020 whereby, the Executive

Patna High Court CWJC No.9273 of 2022 dt.29-07-2022 2/3 Engineer, Rural Works Department, Works Division, Saharsa has requested the District Magistrate to file a Certificate Case in terms of Clause 52 of the SBD, against the Petitioner.

(ii) Restrain the Respondents from giving effect to the Letter No. 2175 ANU dated 12.09.2020 during the pendency of the present writ petition."

It is not in dispute that the initial impugned order i.e. letter No. 857 dated 04.04.2020 was quashed and set aside by this Court vide order dated 11.04.2022 (Annexure-6, page

30) in C.W.J.C. No. 17762 of 2021, titled as M/s Narsingh Construction, Gangjala Saharsa through its Partner Vs. The State of Bihar & Ors.

It is also not in dispute that the instant impugned order i.e. Letter No. 2175 ANU dated 12.09.2020 is a consequential order in terms of the said impugned order which already stands quashed.

Learned counsel for the respondent states that the principle of constructive res judicata would be applicable inasmuch as the order in question stood passed as on the date of filing of the petition, referred to supra.

Patna High Court CWJC No.9273 of 2022 dt.29-07-2022 3/3 Mr. Prabhat Kumar, learned counsel for the petitioner, invites attention to the averments made in the petition wherein it is recorded that the petitioner was not aware of passing of such order.

Now the said order stands communicated and served upon him. The contention opposing the petition only merits rejection.

As such, we quash the consequential order i.e. Letter No. 2175 ANU dated 12.09.2020, reserving liberty to the respondent to take fresh action in accordance with law. Petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS AFR/NAFR CAV DATE Uploading Date 04.08.2022 Transmission Date