Jitendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17184 of 2019 ====================================================== 1.

Jitendra Jha S/o Krishna Bhagwan Jha Resident of Village- Jhakhara, P.S.- Sarairanjan, Distt.- Samastipur 2.

Manoj Thakur @ Manoj Kumar Thakur S/o Sah Dev Thakur Resident of Village- Nandini, Siwaisingpur, P.S.- Mohiuddin Nagar, Distt.- Samastipur 3.

Harendra Sah S/o Surendra Sah Resident of Village- Motipur, P.s.- Tajpur, Distt.- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna 2.

The Principal Secretary Food and Consumer Protection Department, Bihar, Patna 3.

Bihar State Food and Civil Supplies Corporation Ltd., Daroga Prasad Rai Path, R-Block, Patna through its Managing Director 4.

The Managing Director Bihar State Food and Civil Supplies Corporation Ltd. Daroga Prasad Rai Path, R-Block, Patna 5.

The District Transport Committee Samastipur through its Secretary-cumDistrict Manager, BSFC, Samastipur 6.

The District Magistrate-cum-Chairman, District Transport Committee, Samastipur 7.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Prakash Sahay, Advocate For the State :

Mr. S. Raza Ahmad, AAG-5 Mr. Alok Ranjan, AC to AAG-5 For the BSFC :

Mr. Shailendra Kr. Singh, Advocate Mr. Utkarsha Utpal, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-12-2022 Petitioners have prayed for the following relief(s):- "i. For issuance of order(s)/direction(s)/writ(s), particularly in the nature of writ of mandamus,

Patna High Court CWJC No.17184 of 2019(2) dt.08-12-2022 2/3 commanding upon the respondent authorities to allow the petitioners to work as Transporter, Door Step Delivery (DSD) for actual three years as the petitioners have been selected as a transporter (DSD) vide Tender Notice published in local/national dailies on 23/05/2016, for a period of three years particularly in view of the fact that one Manoj Kumar Jha, who was also selected as a transporter (DSD) pursuant to the same Tender Notice published in local/national dailies on 23/05/2016, and has been allowed to continue to work for actual three years, but the same benefit is being denied to the petitioners which would be from letter no. 762/SFC dated 24/07/2019 where under the term of the petitioner nos. 1 & 2 has been shown to be expired on 06/09/2019 and that of petitioner no. 3 has been shown to be expired on 08/09/2019 whereas the term of Sri Manoj Kumar Jha has been shown to expire on 20/09/2020.

ii. For issuance of order(s)/direction(s)/writ(s), particularly in the nature of writ of certiorari for quashing of letter no. 762/SFC dated 24/07/2019 issued by respondent District Magistrate-cumChairman, District Transport Committee, Samastipur whereby and where under process has been initiated to float fresh tenders so far as it relates to the existing contract of the petitioners.

iii. For issuance of order(s)/direction(s)/writ(s), particularly in the nature of writ of mandamus, upon the respondent authorities for not floating fresh tender with respect to the existing work of the petitioners before completion of the actual three

Patna High Court CWJC No.17184 of 2019(2) dt.08-12-2022 3/3 years of work/contract, which will expire on 12/07/2020.

iv. For any other relief(s) which the petitioners may be entitled for."

Learned counsel for the petitioners seeks permission to withdraw the present petition.

Permission granted.

Present petition stands disposed of as withdrawn. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Spd/-Sujit U