M/S Nilkamal Ltd. v. The State Of Bihar And ORS

Patna High Court CWJC No.537 of 2018 (3) dt.11-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.537 of 2018 ====================================================== M/s Nilkamal Ltd., having its Head Office at Nilkamal House, 77/78, Road No. 13/47, MIDC, Andheri (East) Mumbai through its Regional Manager, Sri Uday Pankaj Dwivedi, Son of Late Kamta Prasad Dwivedi @ Late Kamta Nath Dwivedi, Resident of Chowk Shikarpur, P.S. & P.O.- Chowk, Patna City, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Urban Development & Housing Department, Government of Bihar, Patna.

2. The Principal Secretary, Urban Development & Housing Department, Government of Bihar, Patna.

3. The Gaya Municipal Corporation, through Municipal Commissioner, Gaya.

4. The Municipal Commissioner, Gaya Municipal Corporation Gaya.

5. The District Magistrate, Gaya.

.... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ashish Giri Mr. Rajat Kumar Tiwary For the State : Mr. Kinkar Kumar, SC-9 For the Respondents : Mr. Amit Shrivastava Mr. R.K. Priyadarshi Mr. Girish Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-10-2018 It is submitted across the bar that the works contract has already been awarded to somebody else as has been mentioned in the counter affidavit filed by the respondents, hence nothing survives for consideration in the present writ petition. However, the learned counsel for the petitioner submits that he be granted liberty to file appropriate suit for the purposes of claming damage for the wrongful act of the respondents, if any, before an appropriate court of civil jurisdiction. In view of the aforesaid, the present writ petition is disposed off with the aforesaid liberty.

(Mohit Kumar Shah, J) S.Sb/- U