Patna High CourtL.P.A/930/2017dismissed

Rajesh Mohan v. The State Of Bihar And ORS

2017-12-18The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.930 of 2017 arising out of Civil Writ Jurisdiction Case No.3628 of 2017 ====================================================== Rajesh Mohan, Son of Sri Madan Mohan Rai, resident of village - Sher, P.S. Sindhwalia District Gopalganj.

... ... Appellant/s

Versus

1. The State of Bihar through its Principal Secretary Bihar, State Food and Consumer Protection Deptt. Govt. of Bihar, Patna.

2. The Managing Director, Bihar State Warehousing Corporation, Patna.

3. The Divisional Manager, Bihar State Warehousing Corporation, Patna.

4. The Chief Engineer, Bihar State Warehousing Corporation, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sunil Kumar, Advocate For the Respondent/s :

Mr. S. Raza Ahmad- AAG 5 Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-12-2017 In the matter of award of contract to the appellant, one of the conditions in the contract was that the prospective bidder should have property in his name. The property tendered by the appellant was in the name of joint family and the petitioner was seeking contract in his individual capacity as property of Sai Traders Gurhatta, Patna City. The learned Writ Court found that as the petitioner was seeking award of contract in his individual capacity as a proprietor of the firm, he cannot give an affidavit with regard to the property being joint family property. Finding in rejecting the

Patna High Court LPA No.930 of 2017 dt.18-12-2017 2/2 offer of the appellant on the ground that he did not have property individual in his name, we find no error committed by the Department and the learned Writ Court. The appeal stands dismissed.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2017 Transmission Date