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Patna High CourtL.P.A/1162/2017dismissed

Roshan Kumar Rashik And ORS v. The State Of Bihar And ORS

2017-09-08The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1162 of 2017 IN Civil Writ Jurisdiction Case No. 11378 of 2016 ===========================================================

1. Roshan Kumar Rashik, son of Sri Jagdish Prasad Yadav, residentof Village + P.O. Dhahara, PS Raghopur, District Supaul

2. Manoj Kumar Kumar, son of Sri Arisudan Singh, residing at Birpur Koshi Colony, PS Birpur, District Supaul

3. Pawan Kumar, son of Sri Ghuran Yadav, resident of Village Madhura, PO Sigion, PS Kishanpur, District Supaul

4. Harideo Prasad Yadav, son of Sri Satyadeo Prasad Yadav, resident of Village Kupha Devipur, PS Raghopur, Ditrict Supaul .... .... Petitioners/Appellant/s

Versus

1. The State of Bihar through Directror Madhyan Bhojan Yojna, Bihar, Patna

2. The Directror, Madhyan Bhojan Yojna, Bihar, Patna

3. The District Magistrate, Supaul, Distt. Supaul

4. The District Magistrate-cum-Chairman of Selection Committee, Supaul, Distt. Supaul

5. The District Education Officer, Supaul, Distt. Supaul

6. The Programme Officer Madhyan Bhojan Yojna, Supaul, Dist. Supaul

7. The District Programme Officer (Establishment) Supaul, Distt.Supaul.. .......Respondents/Respondents

8. Sachchida Nand Choudhary, son of Sri Kartik Choudhary, resident of Village Babhangama, PS Triveniganj,Distt. Supaul ... Petitioner/Respondents .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sharda Nand Mishra For the State : Mr. Amarendra Kumar =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 08-09-2017 Seeking exception to an order dated 02.08.2017 passed by the learned Writ Court in CWJC No. 11378 of 2014 this appeal has been filed under Clause 10 of the Letters Patent. The dispute which was canvassed was in the matter of engagement of Contractors in the district of Supaul with regard to

Patna High Court LPA No.1162 of 2017 dt.08-09-2017 2/2 Madhyan Bhojan Yojna implemented in the State by virtue of a circular dated 25.04.2011. The petitioners wanted that a direction be issued for giving contract to the petitioners. The learned Writ Court found that period for which the contracted was granted was already over and, therefore, the Court cannot direct for appointment as Contractor. That apart, the prayer made for extending the period of contract was rejected and the learned Writ Court directed for fresh selection of the contractors by issuing fresh tender notice within a period of two months. We find no error in the order of the learned Writ Court warranting our consideration. The appeal is therefore dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 11/09/2017 Transmission Date N.A.