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Patna High CourtCWJC/20489/2019withdrawn

Rakesh Kumar Singh v. The State Of Bihar

2022-12-13The Chief Justice -,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20489 of 2019 ====================================================== Rakesh Kumar Singh Son of Ishwar Dayal Singh, Resident of VillageDarakah, Anchal-Ramgarh, P.S.-Ramgarh, District-Kaimur (Bhabhua). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Irrigarion Department, Government of Bihar, Bihar at Patna.

2.

The Superintendent Engineer, Irrigarion Department, Kaimur, Bihar. 3.

The Executive Engineer, Minor Irrigation Division, Mohania, Kaimur, District-Kaimur at Bhabhua.

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

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate For the Respondent/s :

Mr. Binod Kumar Sinha, AC to GP 8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-12-2022 Petitioner has prayed for the following relief(s):- "That the present writ application is being filed in the nature of Certiorari for setting aside the letter no. 1208 dated 19.07.2019 issued by the Executive Engineer, Minor Irrigation Department, Kaimur, Mohania by which the contract of the petitioner for renovation rehabilitation of Lasara State Tube-well with new motor Pump Set, Search Tank, Sump House and installation has been cancelled and handed over to Gram Panchayat; on the ground that the petitioner was not supplied the land in question and the Executive Engineer has provided the land after getting the no objection certificate

Patna High Court CWJC No.20489 of 2019(2) dt.13-12-2022 2/2 from the concern authority, the entire action is hit by Section 67 of the Contract Act, 1872, the representation given by the petitioner dated 05.04.2019 was not decided, there was no opportunity of hearing giving to the petitioner;" Learned counsel for the petitioner seeks permission to withdraw the present petition as it has become infructuous. Permission granted.

Present petition stands disposed of as withdrawn having become infructuous.

Interlocutory application, if any, shall also stand disposed of.

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