Ayodhya Upadhyaya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8407 of 2010 ====================================================== Ayodhya Upadhyaya S/O Sri Saryu Upadhyaya, R/O Vill +P.O.Athar, P.S.Nawanagar, Distt-Buxar .... .... Petitioner/s

Versus

1. The State of Bihar, through its Principal Secretary, Road Construction Department Government Of Bihar, Patna

2. The Engineer in Chief-Cum-Additional Commissioner-Cum-Special Secretary Road Construction Department Government Of Bihar, Patna

3. The Chief Engineer, South Bihar (UB), Road Construction Department Government of Bihar, Patna

4. 4. The Superintending Engineer , Road Construction Department Bhojpur Road Circle, Ara

5. The Executive Engineer, Road Division Buxar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None.

For the Respondent/s : Ms. Kanika Singh, AC to AAG-V ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-03-2015 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition. However, learned AC to AAG-5 appearing on behalf of the respondents has contested the matter by referring to the averments made in the counter-affidavit filed on behalf of the respondent no.1 to 5. According to the learned State counsel, fresh tender notice was issued in which the petitioner did not participate and the work was allotted to the successful bidder, but that person has not been impleaded as the party respondent in the present case. It is contended by the learned State counsel that the relief sought for on behalf of the petitioner in the present writ petition cannot be granted as the matter has become infructuous. Be that at it may, since none is appearing on behalf of the petitioner, the writ petition stands dismissed for want of prosecution.

(Birendra Prasad Verma, J) BTiwary/- U