Manoj Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22754 of 2018 ====================================================== Manoj Kumar son of Shri Dukhi Lal Gupta resident of Mohalla Mahaddi Nagar Amber Bihar Sharif, P S- Bihar, District- Nalanda ... ... Petitioner/s

Versus

1.

The Union Of India through the Secretary Archaeological Survey of India, Govt. of India, New Delhi.

2.

The Superintending Archaeologist Govt of India Archaeological Survey of India, Patna Circle, J C Road, Anta Ghat, Patna. 3.

The Sr C.A Archaeological Survey of India, Sub Circle, Antichak, Bhagalpur.

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

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate For the Respondent/s :

Mr. Pradeep Kumar Sr. Panel Counsel Mr. Radhika Raman, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 16-05-2023 In the instant petition, petitioner has prayed for following reliefs:- "1.

That this Writ Application is being filed for issuance of the Writ in the nature of certiorari or any appropriate writ's, order's, direction's commanding the respondents for I. Quashing of the order dated 27 Jul 2018 issued by the Superintending Archaeologist Govt. of

Patna High Court CWJC No.22754 of 2018 dt.16-05-2023 2/3 India, Archaeological Survey of India, Patna Circle, Patna where by representation of the petitioner dated 23 07 18 has been disposed of without granting any relief, which was filed in pursuance of the order dated 09 07 18 passed in CWJC No 11670/17 in which the Hon'ble Court held that no objection has been raised by the respondents with regard to supply of remaining items such as coarse sand, stone aggregate and u/s lime.

II. For direction the respondents to make payment of dues amount with 10% interest against supply of Coarse sand, stone aggregate and u/s lime in the light of supply order 3/91/SR(P)/15-16-WORK-140 dated 22 04 16.

III. For any order/ direction in the interest of justice in the facts and circumstances of the case."

2. Perusal of the records it is evident that there were certain disputed issues as is evident from Annexure-2 and 5 read with communication dated 23.07.2018. Therefore, the present petition is not maintainable in the light of Apex Court's decisions rendered in the case of Subhash Jain vs. Rajeshwari Suman and Ors. reported in 2021 SCC Online 562 read with Union of India and Ors. vs. Puna Hinda reported in (2021) 10 SCC 690.

3. Accordingly, the present petition stands disposed of reserving liberty to the petitioner to invoke

Patna High Court CWJC No.22754 of 2018 dt.16-05-2023 3/3 appropriate remedy.

(P. B. Bajanthri, J) ( A. Abhishek Reddy , J) rakhi/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.05.2023 Transmission Date N.A.