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Patna High CourtCWJC/13916/2015dismissed

Uday Shankar v. The State Of Bihar And ORS

2018-12-21Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13916 of 2015 ====================================================== Uday Shankar son of late Bhagwati Sharan Singh resident of New Area, P.S. Town Nawada, District Nawada, Bihar.

... ... Petitioner

Versus

1. The State of Bihar through Secretary, Rural Works Department, Bihar at Patna.

2. The Chief Engineer, Rural Works Department, Bihar at Patna.

3. The Executive Engineer, Rural Works Department, Works Division, Nawadah.

4. Assistant Engineer, Rural Works Department, Works Division, Nawadah.

5. The District Magistrate, Nawadah.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ajit Kumar,Adv Mr.Santosh Kumar, Adv For the Respondents :

Mr.Harish Kumar- GP 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 21-12-2018 The present writ petition has been filed "for setting aside the order dated 07.01.2012 vide memo no. 32 passed by the Executive Engineer, Rural Works Department, Works Division, Nawada whereby and whereunder the agreement no. 16F/2006-07 and 24F2/2007-08 made between the petitioner and the respondents has been rescinded and the earnest money and the amount deducted with regard to security deposit"; and for connected reliefs.

2. At the very outset, learned counsel for the respondents raises a preliminary objection on the ground of

Patna High Court CWJC No.13916 of 2015 dt.21-12-2018 2/2 delay and laches on the part of the petitioner in approaching the Court. It is pointed out that the petitioner is aggrieved by the impugned order dated 07.01.2012, but has approached this Court after lapse of more than three years on 02.09.2015 without availing of statutory remedy.

3. Learned counsel for the petitioner is unable to show otherwise.

4. In the above circumstances and in view of delay and laches on the part of the petitioner, this Court is not inclined to interfere in the matter.

5.The writ petition stands dismissed.

(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.12.2018 Transmission Date NA