M/S B. N. Enterprises v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8684 of 2020 ====================================================== M/s B. N. Enterprises, through its partner cum Authorized Signatory, Bhola Nath Prasad, aged about 58 years, Male, Son of Late Lakhi Chand Prasad, Resident of Village Nechua Jalalpur, P.S. Kuchaikote, District Gopalganj, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Bihar State Tourism Development Corporation Ltd. (A Government of Bihar under taking), Kautilya Hotel, Birchand Patel Path, Patna, Bihar, through its Managing Director.

3.

The Managing Director, Bihar State Tourism Development Corporation Ltd. (A Government of Bihar under taking), Kautilya Hotel, Birchand Patel Path, Patna, Bihar.

4.

The Chief Engineer, Bihar State Tourism Development Corporation Ltd. (A Government of Bihar under taking), Kautilya Hotel, Birchand Patel Path, Patna, Bihar.

5.

The Executive Engineer, Bihar State Tourism Development Corporation Ltd. (A Government of Bihar under taking), Kautilya Hotel, Birchand Patel Path, Patna, Bihar.

6.

M/S Mirtunjay Kumar, C/o Sri Rajnish Kumar, Ram Nagar Road, Chiraiyatand, Near BRASS, Patna- 800001.

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

For the Petitioner/s :

Mr. Prabhat Ranjan, Advocate For the Respondent/s :

Mr. Kumar Abhimannyu Pratap, Advocate Mr. Vivek Prasad, GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 08-02-2022 The matter has been heard via video conferencing. Heard learned counsel for the parties.

Admittedly, a second NIT was issued pursuant to a notification dated 07.07.2020, issued by the respondent Chief

Patna High Court CWJC No.8684 of 2020(8) dt.08-02-2022 2/2 Engineer and a direction in the writ petition. In the said tender process respondent no. 6 remained successful and was added as respondent in the array of parties. He submits that by now substantial work has been completed. This statement has not been controverted by Mr. Prabhat Ranjan, learned counsel for the petitioner. Under the circumstances, we feel that no cause of action survives at this stage.

Mr. Prabhat Ranjan, learned counsel for the petitioner very fairly submits that he may be allowed to withdraw this writ petition. However, we hope and trust that in future all such tenders are floated in accordance with the established procedure and in a transparent manner.

The petition stands disposed off.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar U