Amit Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13373 of 2019 ====================================================== Amit Kumar, S/o Sri Binay Kumar Sinha Resident of Mohalla Vijay Nagar,PO Lohia Nagar,PS Patrakar Nagar,Kankarbagh,Dist.Patna-20 ... ... Petitioner/s

Versus

1.

The Union of India through the General Manager,East Central Railways, Hajipur 2.

The General Manager, East Central Railways,Hajipur 3.

The Divisional Railway Manager (D.R.M.), East Central Railway,Danapur,Patna 4.

The Additional Divisional Railway Manager (A.D.R.M.), East Central Railway,Danapur,Patna 5.

The Chief Engineer, East Central Railways,Hajipur 6.

The Sr. Divisional Engineer-1, East Central Railway,Danapur 7.

The Assistant Divisional Engineer (in short AEN), East Central Railway,Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.K.Shahi, Sr. Advocate Mr.Manish Sahay, Advocate Mr. Anil Kumar Sinha, Advocate For the Respondent/s :

Mr. Awadhesh Kumar Pandey , Sr. Panel Counsel Mr. Komal Chowbey, Advocate Mr. Saket Anand, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-12-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(i) For quashing of order regarding

2/4 termination of contract of the petitioner with effect from 22.06.2018, issued vide letter Nos. W-7 / 22 / Misc. / NWD / Open / 2017-18 dated 11.06.2019, under the signature of Sr. Divisional Engineer (1) (i.e. Respondent No.-6) as contained in Annexure P5, whereby and where under the said authority has been terminated the Contract Agreement No. W-7 / 22 / Misc. / NWD / Open / 2017-18 dated 30.11.2017 of the petitioner in most arbitrary manner and having ulterior motive against him.

(ii) For direction upon the concerned respondent either allow the petitioner to complete the work in question at the old rate within 10 months next (from the date of allowing the same), Or direct them to pay/refund all lawful amount including entire Earnest Money & Security Deposit amount relates to said contract of the petitioner immediately. (iii) For declaring that the order of termination dated 11.06.2019 as contained in Annexure -P-5 is totally arbitrary, malafide, violation of principal of natural justice and contrary to the provision of the agreement as well as illegal.

(iv) For passing such an order or orders for which the petitioner is entitled under the law in the facts and circumstances of this case.

Learned counsel for the respondents placed on record the instructions dated 11.12.2022, which is extracted as under:-

3/4 In view of the same, Shri P.K.Shahi, learned Senior Counsel appearing on behalf of the petitioner, under instruction from the petitioner, seeks permission to withdraw the present petition reserving liberty to initiate appropriate

4/4 appropriate proceedings in accordance with law. As such, present petition stands disposed of reserving liberty aforesaid.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 14.12.2022 Transmission Date