M/S Eleco Construction Company v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10646 of 2014 ====================================================== M/s Eleco Construction Company Sri Krishna Nagar Begusarai (Bihar) through Sri Arwind Kumar Chaudhary S/o K.D. Choudhary, Partner in the company Residence of Sri Krishna Nagar Road (Bihar), Begusarai, P.S. Begusarai, District Begusarai (Bihar) .... .... Petitioner
Versus
1. The Union of India through the General Manager, East Central Railway, Hajipur
2. The Chief Administrative Officer (Construction- North East Central Railway), Mahendrughat, Patna
3. The Chief Engineer, (Construction- North West) East Central Railway, Mahendrughat, Patna
4. The Deputy Chief Engineer (Construction-II), E.C. Railway, Darbhanga
5. The Executive Engineer (Construction-I), East Central Railway, Darbhanga .... .... Respondents ====================================================== Appearance :
For the Petitioner : Mr. P.K. Verma, Sr. Advocate Mr. Saroj Kumar Sharma, Advocates For the Respondents : Mr. Anil Kumar Sinha, Mr. Abhimanyu Deo, Mr. Ankit Katriar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-04-2016 The present writ petition has been filed for quashing the letter dated 02.06.2014 whereby notice has been given towards termination of contract; and for connected reliefs.
2. At the very outset, learned counsel for the respondent-Railway submits that the grievance of the petitioner has already been redressed and as such, the writ petition has become infructuous. As stated in paragraph 8 of the counter affidavit, no punitive action was taken against the petitioner pursuant to seven days' notice dated 02.06.2014 and the date of
Patna High Court CWJC No.10646 of 2014 (4) dt.18-04-2016 2/2 completion of the work has been extended as sanctioned by the competent authority by letter dated 22.01.2016.
3. Learned counsel for the petitioner on instructions states that he has no objection in view of the aforesaid statements made in the counter affidavit.
4. Having regard to the stand of the parties, the writ petition stands dismissed as having become infructuous. (Vikash Jain, J) B.T/- U