Patna High CourtCWJC/3337/2010dismissed

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

2015-02-13Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3337 of 2010 ====================================================== M/S Aadarsh Construction through its Managing Partner, Sanjeev Kumar Singh S/O Late Surendra Prasad Singh R/O Manpur, P.S. Mufassil, Distt.- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, old Secretariat Building, Patna

2. The Principal Secretary to Government in the Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna

3. The Bihar Rural Road Development Agency through Engineer-In-Chief to Government in the Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna

4. The Engineer-In-Chief to Government in the Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna

5. The Chief Engineer (Hq) to Government in the Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna

6. The Chief Engineer-1, Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna

7. The Superintending Engineer, Rural Works Department, Works Circle, Gaya

8. The Executive Engineer, Rural Works Department, Works Division, Gaya

9. Mr. Shailendra Kumar Singh @ Shailendra Prasad Singh S/O Sri Dwarika Singh R/O Vill.- Eroo, Wazirganj, P.S. Wazirganj, Distt.- Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.L.B.Singh, Advocate For the Respondent Nos. 1 to 8 : Mr. P.K.Verma, AAG 5 Dr.Mankeshwar Tiwary, AC to AAG 5 For the Respondent No.9 : Mr.Rajendra Prasad Singh, Sr.Advocate Mr. Rajeev Kumar Singh, Advocate Mr. Mukesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ----------- 13-02-2015 Heard the parties.

The matter at issue is allotment of contract for construction of Wazirganj Fatehpur Road to Kanaudi Path under Pradhan Mantri Gramin Sarak Yojna on the basis of NIT dated 10th July, 2009 as contained in Annexure-1 to the writ petition. This matter was earlier heard by a Bench of this Court

Patna High Court CWJC No.3337 of 2010 (3) dt.13-02-2015 2/2 on 24.02.2010. By the aforesaid order dated 24.02.2010, official respondents were directed to file their counter affidavit within a period of four weeks. In the meantime, it was directed that no final decision with regard to the contract in question will be taken till further orders.

It is the common case of the parties that in view of the aforesaid interim order dated 24.02.2010, contract has not been finally allotted to any one.

Learned counsel appearing on behalf of the petitioner submits that, in view of passage of time and in view of the fact that contract work has not been allotted to any one on the basis of NIT as contained in Annexure-1, the present writ petition, has become infructuous.

In view of factual matrix of this case, this Court is of the opinion that the present matter has become infructuous and it is, accordingly, dismissed.

(Birendra Prasad Verma, J) Tahir/- U