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Ncc Ltd. (Formerly Known As Nagarjuna ... vs State Of Bihar . on 12 August, 2016

Bench: Dipak Misra, Uday Umesh Lalit

      ITEM NO.81                                 COURT NO.4                      SECTION XVI

                                     S U P R E M E C O U R T O F             I N D I A
                                             RECORD OF PROCEEDINGS

      Petition(s) for Special Leave to Appeal (C)                           No(s).     17504/2016

      (Arising out of impugned final judgment and order dated 25/02/2016
      in LPA No. 1760/2015 25/02/2016 in CR No. 264/2015 passed by the
      High Court of Patna)

      NCC LTD. (FORMERLY KNOWN AS
      NAGARJUNA CONSTRUCTION COMPANY LIMITED)                                         Petitioner(s)

                                                            VERSUS

      STATE OF BIHAR AND ORS.                                                     Respondent(s)


      (with appln. (s) for exemption from filing O.T.)


      Date : 12/08/2016 This petition was called on for hearing today.

      CORAM :                 HON'BLE MR. JUSTICE DIPAK MISRA
                              HON'BLE MR. JUSTICE UDAY UMESH LALIT

      For Petitioner(s)                   Mr.   Parag P. Tripathi, Adv.
                                          Ms.   Priya Kuwar, Adv.
                                          Mr.   Siddhartha Chowdhury, AOR
                                          Mr.   Shikhar Khare, Adv.


      For Respondent(s)


                               UPON hearing the counsel the Court made the following
                                                  O R D E R

It is submitted by Mr. Parag P. Tripathi, learned senior counsel for the petitioner that in the LPA No.1760 of 2015, the petitioner had challenged the order dated 26.6.2015 passed in Civil Writ Petition No.3711 of 2014 whereby the learned Single Judge had remitted the matter to be considered by the Department. After the Signature Not Verified remit, the competent authority has passed an order not accepting Digitally signed by GULSHAN KUMAR ARORA Date: 2016.08.16 the stand of the petitioner.

16:30:31 IST
Reason:                                                    It is urged by Mr. Tripathi, that the

High Court should have decided whether the order of remit was justified or not.

In our considered opinion, after the order of remit, the order having been passed by the competent authority of the concerned Department has declined to entertain the claim of the petitioner, the ground of non-entertaining the claim of the petitioner can be assailed, if permissible, in a writ petition or any appropriate proceedings. There is no justification to deal with merits in LPA as regards the challenge of the order passed by the learned Single Judge in the writ petition remitting the matter. In view of the aforesaid circumstances, we grant liberty to the petitioner to challenge the order passed by the competent authority on 22.09.2015, as advised in law.

Mr. Tripathi, would submit that the petitioner would file a writ petition under Article 226 of the Constitution of India. As there is no disputed questions of fact but only interpretation of a clause and it is a pure question of law, without expressing any opinion on the aforesaid submission, we only observe that if the petitioner prefers a writ petition, the High Court shall deal with same in accordance with law as expeditiously as possible.

The special leave petition is accordingly disposed of.

    (Gulshan Kumar Arora)                                        (H.S. Parasher)
        Court Master                                               Court Master