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Patna High CourtCWJC/9265/2022disposed

Ashok Kumar v. The State Of Bihar

2022-07-29The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9265 of 2022 ====================================================== Ashok Kumar Son of Surajdeo Raut Resident of Village- Bindeshwar Nagar, Polytechnic More, Patliputra, P.S. Patliputra, District- Patna. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Urban Development Department, Bihar, Patna. 3.

The District Development Commissioner, Patna. 4.

The Superintendent Engineer, Urban Development Department, Patna. 5.

The District Planning Officer, Patna.

6.

The Executive Engineer, Urban Development Division Patna, West, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Rajeev, Advocate For the Respondent/s :

Mr.Subhash Pd. Singh (GA3) ====================================================== 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.) 29-07-2022 Petitioner has prayed for the following relief(s): "For issuance of an appropriate writ, order or direction commanding the respondents to pay admitted remaining amount or final payment for work done of construction and Renovation of KSector, Eastern Park, situated in Ward No. 45, Hanuman Nagar, Patna under Chief Minister, Urban Development Scheme, being Lowest bidder work allotted to the petitioner, Agreement sworn vide Agreement No. 127 F2/2015-2016, work completed within time proper verification done by the authority

Patna High Court CWJC No.9265 of 2022(2) dt.29-07-2022 2/2 only First installment paid to the petitioner, Petitioner regularly approach the department but till date not a single peny has been paid w.e.f. Final payment and/or any other order/orders as Your Lordships may deem fit and proper under the circumstances of the case."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U