Patna High CourtL.P.A/1105/2016dismissed

Sanjay Kumar v. The Bihar Rural Road Development Agency And ORS

2017-07-10The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1105 of 2016 IN Civil Writ Jurisdiction Case No. 9806 of 2015 ===========================================================

1. Sanjay Kumar Son of Sri Rajmani Singh resident of Mohalla - Lohia Nagar, P.S. Kankarbagh, District - Patna.

.... .... Appellant/s

Versus

1. The Bihar Rural Road Development Agency, Patna through the Chief Executive Officer, Bhumi Vikash Bank Building, Budh Marg, Patna.

2. The Chief Executive Officer, Bihar Rural Road Development Agency, Bhumi Vikash Bank Building, Budh Marg, Patna.

3. The Additional Chief Executive Officer, Bihar Rural Road Development Agency, Bhumi Vikash Bank Building, Budh Marg, Patna.

4. The Executive Engineer, Rural Works Division, Mohania, Kaimur. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Vindhyachal Singh, Advocate Mr. Rohit Mishra, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal- SC-3 Mr. Arjun Prasad, AC to SC-3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 10-07-2017 Seeking exception to an order dated 19.2.2016 passed by the learned Writ Court in C.W.J.C. No.9806 of 2015, this appeal has been filed under Clause 10 of the Letters Patent. Finding the appointment in question to be a contract appointment between the petitioner and the Bihar Rural Road Development Agency, and holding that if there has been a breach of contract the petitioner should take recourse to the remedies available

Patna High Court LPA No.1105 of 2016 dt.10-07-2017 2/2 of challenging the breach of contract and for the same the writ petition was not maintainable, the petition has been dismissed. In doing so, we are of the considered view, the learned Writ Court has not committed any error warranting re-consideration. The appeal is, therefore, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.7.2017 Transmission Date N/A