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Patna High CourtCWJC/19851/2021disposed

Maa Tara Enterprises v. The State Of Bihar

2022-02-02The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19851 of 2021 ====================================================== Maa Tara Enterprises having its office at Magardahi Ghat, PS- Town, DistrictSamastipur through its Proprietor Sanjay Kumar, aged about 44 yrs, Male, Son of Suresh Prasad, Resident of Mohalla- Barah Pathar, Ward No. 15, P.S.- Town, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Samastipur.

3.

The District Panchayat Development Officer, Samastipur. 4.

The Block Development Officer, Shivaji Nagar Block, District- Samastipur. 5.

The Panchayat Secretary, Gram Panchayat Shankarpur, Shivaji Nagar Block, District- Samastipur.

6.

The Junior Engineer, Panchayati Raj Dept., Shivaji Nagar Block, DistrictSamastipur. 7.

Rekha Devi, Mukhiya, Gram Panchayat Shankarpur, Shivaji Nagar Block, District- Samastipur.

8.

Mamta Devi, Chairman, Ward Kriyanwayan Prabandhan Samiti, Ward No. 5, Gram Panchayat Shankarpur, Shivaji Nagar Block, District- Samastipur. 9.

Nutan Devi, Secretary, Ward Kriyanwayan Prabandhan Samiti, Ward No. 5, Gram Panchayat Shankarpur, Shivaji Nagar Block, District- Samastipur. 10.

Pinki Devi, Chairman, Ward Kriyanwayan Prabandhan Samiti, Ward No. 6, Gram Panchayat Shankarpur, Shivaji Nagar Block, District- Samastipur. 11.

Pinki Kumari, Secretary, Ward Kriyanwayan Prabandhan Samiti, Ward No. 6, Gram Panchayat Shankarpur, Shivaji Nagar Block, District- Samastipur. 12.

Heeralal Yadav, Chairman, Ward Kriyanwayan Prabandhan Samiti, Ward No. 7, Gram Panchayat Shankarpur, Shivaji Nagar Block, DistrictSamastipur. 13.

Dhanra Yadav, Secretary, Ward Kriyanwayan Prabandhan Samiti, Ward No. 7, Gram Panchayat Shankarpur, Shivaji Nagar Block, District- Samastipur. ... ... Respondent/s ======================================================

Patna High Court CWJC No.19851 of 2021(2) dt.02-02-2022 2/3 Appearance :

For the Petitioner/s :

Mr. Nirbhay Prashant, Advocate For the Respondent/s :

Mr. Kameshwar Pd. Gupta (G.P.10) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 02-02-2022 Petitioner has prayed for following relief(s) :- "To issue appropriate rule/rules, direction/directions, writ/writs for directing the respondent authorities particularly Respondent Nos. 4 to 13 to make payment of dues amount of Rs.30,00,000/- to the petitioner for the work done under the ambitious scheme of Nal Jal Yojana in Ward Nos. 5, 6 & 7 of Gram Panchayat Shankarpur, Block - Shivaji Nagar, Samastipur and for any other relief or reliefs for which the petitioner be found entitled in law be granted to him."

Shri Nirbhay Prashant, learned counsel for the petitioner, under instructions, fairly states that on account of intervening developments, the present petition be disposed of inasmuch as now the petitioner has taken recourse to the alternate remedies stipulated under the agreement as also law applicable, governing the parties to the lis. Accordingly, petition is disposed of with the liberty to

Patna High Court CWJC No.19851 of 2021(2) dt.02-02-2022 3/3 the petitioner to pursue the remedies in accordance with law. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U