Shruti Enterprises, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14718 of 2024 ====================================================== Shruti Enterprises, Address- Nipania, Ward No. 3, Teghra, Barauni, DistrictBegusarai, Bihar- 851112 through its authorised representative Sanjay Kumar Singh, Male, aged about 46 years, S/o Ram Chandra Singh, R/o Nipania, Barauni, District- Begusarai, Bihar- 851112.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Urban Development and Housing Department, Government of Bihar.

2.

The Additional Director, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Nagar Parishad, through its Chief Councillor, Mokama, Patna, Bihar. 4.

The Executive Officer, Nagar Parishad, Mokama, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Abhishek, Adv.

Mr. Shubham, Adv.

For the Respondent/s :

Mr. G.P. Ojha, Government Advocate (7) Mr. Abhimanu Ashok, AC to GA 7 For the Resp. Nos. 3 to 7 Mr. Kuamr Anjaneya Shanu, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-01-2025 In the counter affidavit filed on behalf of the Respondent Nos. 3 and 4, the official respondents have taken the following stand, which reads as under:- "7. That on 26.11.2024, the Empowered Standing Committee, Nagar Parishad, Mokama, convened a meeting wherein it was resolved that the agreement and sanction/work order dated 13.12.2023 were executed prior to the issuance of directions by the Additional Director, Urban Development and Housing Department, Government of Bihar, through Letter No.

8629 dated 15.12.2023. Accordingly, the

Patna High Court CWJC No.14718 of 2024(3) dt.29-01-2025 2/3 Committee decided that the provisions of Letter No. 8629 would not be applied retrospectively. It was further resolved that, in the interest of justice, the Petitioner shall complete the remaining procurement and installation of streetlights at various locations within the jurisdiction of the Nagar Parishad, Mokama, without undue delay and in accordance with the terms and conditions stipulated in Contract No. GEMC511687732003778 executed with the Nagar Parishad, Mokama.

2. The grievance of the petitioner appears to be redressed. The authorities shall issue necessary directions for completing the remaining procurement and installation of streetlights. Learned counsel appearing on behalf of the petitioner has stated that pursuant to the above direction, the petitioner has again started the work.

3. Having regard to the above made submissions, the present writ petition is disposed of with a direction to the authority concerned to make necessary payments to the petitioner as per the terms and conditions of the Contract No. GEMC-511687732003778.

4. Any representation is made by the petitioner with regard to the penalty levelled against him, the same shall be

Patna High Court CWJC No.14718 of 2024(3) dt.29-01-2025 3/3 considered by the concerned authority.

(A. Abhishek Reddy , J) Bhardwaj/- U