Nandini Waste Management Private Limited v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7984 of 2024 ====================================================== Priyanka Kumari wife of Abhinav Kumar, resident of Madhepura, Ward No. 3, P.S - Madhepura, District - Madhepura.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary Urban Development and Housing Department, Government of Bihar, Patna.
2.
The Nagar Panchayat Parbatta, District - Khagaria through its Executive Officer.
3.
The Executive Officer, Nagar Panchayat Parbatta, District - Khagaria. 4.
The Chief Councillor, Nagar Panchayat Parbatta, District - Khagaria. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 10486 of 2024 ====================================================== Nandini Waste Management Private Limited through its Chief Executive Officer Manoj Kumar Vatsa, male, aged about 50 years, S/o Sri Ramchandra Chaudhary, resident of Village-Nariyar, Post-Nariyar, via-Kanti, P.S.-Motipur, District-Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Housing and Urban Development Department, Government of Bihar, Patna. 2.
The Principal Secretary, Housing and Urban Development Department, Government of Bihar, Patna.
3.
The Nagar Panchayat Parbataa Khagaria through its Executive Officer. 4.
The Executive Officer, Nagar Panchayat Parbatta, Khagaria. 5.
The Block Development Officer, Parbatta, Khagaria. 6.
The Executive Engineer, Nagar Vikas Pramandal, Khagaria. 7.
The Chief Councilor, Nagar Panchayat Parbatta, Khagaria. 8.
Priyanka Kumari, W/o Abhinav Kumar, resident of Maddhepura, Ward No. 3, P.S. Madhepura, District-Madhepura.
... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 7984 of 2024) For the Petitioner/s :
Mr. Saket Tiwary, Advocate For the Respondent/s :
Mr. Government Pleader 5
2/4 (In Civil Writ Jurisdiction Case No. 10486 of 2024) For the Petitioner/s :
Mr. Priyank Samdarshi, Advocate For the Respondent/s :
Mr. Government Pleader (5) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 18-02-2025 Both the writ petitions have been taken up together and are being disposed of by this common order.
2. In CWJC No. 7984 of 2024 (Priyanka Kumari vs. The State of Bihar & Ors.), the grievance is that even though the contract for door-to-door garbage collection and cleaning was awarded in her favour, but after a month, she was informed that the entire contract has been terminated.
3. The grievance of the other writ petitioner, namely Nandini Waste Management Private Limited (in CWJC No. 10486 of 2024), is that despite the Firm being declared L-1 in the tender process, the contract was awarded to Priyanka Kumari.
4. It appears from the records that the Chief Executive Officer of Parbatta Panchayat was relieved to
3/4 join his duties elsewhere; but using his digital signature, concluded the contract with the writ petitioner/Priyanka Kumari. Under the concluded agreement, it was specified that on the contractor putting forth the invoice for the work done, payment shall be made.
5. It was only when the request was made for payment of bills for the work for one month that it was made known to the petitioner/Priyanka Kumari that the entire contract was terminated.
6. We have perused the counter affidavit on behalf of respondent No. 3 which explains the reason for cancelling the contract. It clearly outlines the manner in which the contract stood concluded.
7. The Chief Executive Officer of the Parbatta Panchayat in the District of Khagaria was not the authority who could have concluded the contract with any person. Everything appears to have been done in stealth as also in haste.
8. The decision to terminate the contract is,
4/4 therefore, absolutely justified.
9. Thus, CWJC No. 7984 of 2024 is dismissed with the only liberty to the petitioner therein to claim the money for the work done by the Firm, if so desired.
10. Since the entire agreement has been terminated, the writ petition/CWJC No. 10486 of 2024 (Nandini Waste Management Private Limited vs. The State of Bihar & Ors.) has become infructuous.
11. Both the writ petitions stand disposed of accordingly.
(Ashutosh Kumar, ACJ) (Partha Sarthy, J) avinash/Sunil AFR/NAFR CAV DATE N/A Uploading Date 19.02.2025 Transmission Date