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Patna High CourtCWJC/19761/2011dismissed

Durga Towers Pvt.Ltd. v. The State Of Bihar And ORS

2015-10-15Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.19761 of 2011 (3) dt.15-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19761 of 2011 ====================================================== Durga Towers Pvt. Ltd., having its Office at Village-Mahatha, P.O. Mahatha, P.S. Ladania, District-Madhubani through its Director Shev Kumar Jha, son of Late Namo Narayan Jha, resident of Village-Mahatha, P.O. Mahatha, P.S. Ladania, District-Madhubani. .... .... Petitioner/s

Versus

1. The State Of Bihar.

2. The Secretary, Road Construction Department, Vishweshwaraiya Bhawan, Government of Bihar, Patna.

3. The Engineer-In-Chief, Road Construction Department, Vishweshwaraiya Bhawan, Government Of Bihar, Patna.

4. The Executive Engineer, Road Construction Department, Path Pramandal, Madhubani.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. S.S. Shabbar Hussain, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-10-2015 The present writ petition has been filed for quashing the order of the Executive Engineer, contained in Memo No. 744 dated 27th of June, 2011 (Annexure-6), by which he has debarred the petitioner from taking part in next Bid for tender in the department, and for stay of the order contained in Annexure-6.

2. None appears on behalf of the petitioner when the matter is repeatedly called.

3. Learned counsel for the respondents submits that the writ petition clearly appears to have become infructuous as the order of debarment dated 27.06.2011 was

Patna High Court CWJC No.19761 of 2011 (3) dt.15-10-2015 operating only till the next tender. It is further submitted that in the above circumstances there may be no occasion to consider grant of stay of the said letter dated 27.06.2011 (Annexure-6).

4. Be that as it may, in view of non-appearance of the petitioner, the writ petition stands dismissed for nonprosecution. (Vikash Jain, J) Md. Ibrarul/- U