Navyuvak Sangh Sramik Swablambi Sahkari Samiti v. The Airport Authority Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17078 of 2019 ====================================================== Navyuvak Sangh Sramik Swablambi Sahkari Samiti Village- Shokhara-2, P.o.- Barauni, Distt.- Begusarai, 851112 through its authorized signatory Upendra Kumar, Male, Aged about-42, Years, Son of Shri Sudarshan Singh, Residence of Village- Shokhara-2, P.o.- Barauni, Distt.- Begusarai-851112 ... ... Petitioner/s

Versus

1.

The Airport Authority of India Gaya Airport, Gaya through the Director 2.

The Director The Airport Authority of India, Gaya Airport, Gaya 3.

M/s Reeva S. Enterprises through its authorised signatory C/o The Director, The Airport Authority of India, Gaya Airport, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar @ Alok Kr Shahi, Advocate For the Respondent/s :

Dr. Pankaj, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-12-2022 Petitioner has prayed for the following relief(s):- "(i)For issuance of writ in the nature of Mandamus for cancelling the award of tender of Environmental Support Services (Up-Keeping contract of terminal building And offices at Gaya Airport, Gaya to the respondent no-3 (ii) For issuance of writ in the nature of mandamus for re-tender of Environmental Support Services (Up-Keeping) contract of terminal building And offices at Gaya Airport, Gaya (iii) For issuance of writ in the nature of Mandamus directing the CBI to investigate the entire tender process and the criminal action of the Respondent No 2 and other officials who have

Patna High Court CWJC No.17078 of 2019(2) dt.08-12-2022 2/3 connived with the Respondent No 3 and declared the Respondent No 3 as the successful Bidder.

(iv) For any other consequential relief/reliefs for which the petitioner is entitle by this Hon'ble Court in the facts and circumstances of the present case."

In view of the fact that Bihar Public Works Dispute Arbitration Tribunal is now functional, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies, as are otherwise available, in accordance with law. Permission granted.

We are sure that as and when any such proceedings are initiated, before the appropriate forum/Tribunal, the same shall be considered and decided expeditiously, in accordance with law, preferably within a period of six months from the date of institution.

Needless to add, period for which the petitioner has been pursuing the matter before this Court, shall be excluded for the purpose of computing limitation.

It is made clear that we have not expressed any opinion on merits. All issues are left open.

The petition stands disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.17078 of 2019(2) dt.08-12-2022 3/3 Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Bibhash/KCJha U