Patna High CourtCWJC/52/2011dismissed

Shekhar v. The Union Of India And ORS

2015-05-01Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.52 of 2011 ====================================================== Shekhar, S/O Shree Dumber Narayan Singh, Resident of Village- Bhim Nagar, P.S- Bihpur, District- Supaul .... .... Petitioner/s

Versus

1. The Union of India through the Secretary Ministry of Road, Transport and Highways, Govt. Of India, Office at Eastern Avenue, Maharani Bagh, New Delhi-110065

2. M.D., Gammon India Ltd., Gammon House, Veer Sarvarkar Marg, Prabha Devi, Mumbai-400025

3. Project Director, N.H.A.I, House Of Sikandar Singh, M.L.A. Near Bajrangbali Mandir, Janta Chowk, Purnea, District- Purnea.

4. The General Manager, (Project), Gammon India Ltd., Br-3, Madhubani (Supaul), Bihar.

5. Project Director, SPANC Consultant Pvt. Ltd., C-IV Br-3, At Netaji Subhash Chandra Market, Forbesganj, District- Araria. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Krishna For the Respondent no.1: Mrs. Kanak Verma, CGC For the respondent no.3 : Mr.S.N.Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-05-2015 Heard the parties.

The matter at issue is the claim for payment of contractual dues of the petitioner as against the respondent no.2 as well as against the National Highway Authority of India. Indisputably, no contract was entered into between the petitioner and the National Highway Authority of India. The petitioner claims to be a petty contractor of M/S Gamon India Ltd. Whatever works the petitioner claims to have done was on account of private arrangement between the petitioner and M/S Gamon India Ltd.

In the given facts of the case, the petitioner does not have any enforceable legal rights with respect to issues raised in

Patna High Court CWJC No.52 of 2011 (4) dt.01-05-2015 the present writ petition. The present writ petition is completely misconceived and not maintainable. The relief sought for cannot be granted in the present proceeding filed under Article 226 of the Constitution of India. The writ petition is, accordingly, dismissed, but without costs.

(Birendra Prasad Verma, J) Arvind/- U