Patna High CourtCWJC/12435/2015dismissed

M/S Bharat Construction v. The State Of Bihar And ORS

2018-12-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12435 of 2015 ==================================================== M/s Bharat Construction through it proprietor Md. Jamil Ansari Son of Late Yahiya Ansari Resident of Latif Market, Chawkhandi, P.O. - Sasaram, District - Rohtas (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Rural Work Department, Visheshwaraiya Bhawan, Govt. of Bihar, Patna.

2. The Secretary, Rural Work Department, Visheshwaraiya Bhawan, Govt. of Bihar, Patna.

3. The Engineer-In-Chief, Rural Workd Department, Govt. of Bihar, Patna.

4. The Superintending Engineer, Sasaram, Circle - II Rural Works Department, near Takiya Railway Gumti, Sasaram Rohtas.

5. The Executive Engineer, Works Division, Sasaram -II Rural Works Departmetn, Rohtas.

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

For the Petitioner/s:

Mr. Anup Kumar, Adv For the Respondent/s Mr. Anil Kumar Sinhal, GA 01 Ms. Aditi Hansaria, Adv Ms. Deepika Sharma, Adv ==================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 18-12-2018 The present writ petition has been filed for stay of the operation of letter no. 682 dated 22.10.2013 (Annexure-1) by which the agreement of the petitioner has been terminated and a decision for forfeiture of the security deposit etc. has been taken.

2. Learned counsel for the petitioner makes a statement at the Bar that the aforesaid order as contained in letter no. 682 dated 22.10.2013 has been substantively challenged in Civil Revision No. 275 of 2016 (Bharat Construction through its

Patna High Court CWJC No.12435 of 2015 dt.18-12-2018 2/2 Proprietor Md. Jamil Ansari vs. The State of Bihar and ors.), which is pending before this Court.

3. In the above view of the matter, this Court is not inclined to enter into the merits of the matter which involves a prayer for stay of the operation of the said letter considering that the substantive challenge to the said order is already pending in Civil Revision No. 275 of 2016.

4. The writ petition stands dismissed.

Chandran/- (Vikash Jain, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 21.12.2018 Transmission Date NA