Sri Jai Shankar Prasad Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13658 of 2009 ====================================================== Sri Jai Shankar Prasad Singh Ss/O Sri Narayan Singh Vill-Bharukuria, P.O & P.S- Darihat, Distt- Rohtas .... .... Petitioner

Versus

1. The Union Of India Through Defence Estate Office (Job Circle) Danapur Cantt. At & P.O- Danapur, Distt- Patna

2. The Principal Director (Defence Estate) Central Command, Lucknow Cantt. Lucknow .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Raghib Ahsan(Asst.Sg) Mrs. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-01-2015 No one appears for the petitioner. Learned counsel for the respondents are present.

From reading of the following prayer portion of the writ application:

"To issue either work order for "one year" period for collection of Tehbazari as per tender allotted to the petitioner after finalization of auction or to refund entire amount i.e. 1,02,000/- deposited as security/ Tender money by the petitioner with 12% interest."

it would become clear that the impugned work order was only confined for a period of one year i.e. from 13.6.2008 to 12.6.2009. In fact the communication of the respondents dated 6.3.2009 will also go to show that the petitioner did not comply the terms and conditions by depositing necessary amount despite repeated

Patna High Court CWJC No.13658 of 2009 (3) dt.30-01-2015 demands made from him.

In that view of the matter, the writ application now after passage of time of more than five years has definitely become infructuous, especially when the respondents in their counter affidavit have also explained that the contract for the subsequent period of 1.7.2009 to 30.6.2010 had already been finalized and the work had been given to the highest bidder.

Be that as it may, this application due to efflux of time has become infructuous and is, accordingly, dismissed. (Mihir Kumar Jha, J) surendra/- U