Patna High Court - Orders
Rajnish Kumar Singh vs The State Of Bihar And Ors on 10 May, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11130 of 2016
======================================================
Mrinal Singh Chauhan
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8737 of 2016
======================================================
Rajnish Kumar Singh S/o Sri Sambhu Singh, Resident of - Kharda, P.S-
Ashanwan, District- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar, through its Principal Secretary, Road Construction
Department, Government of Bihar, Patna.
2. Bihar Rajya Pul Nirman Nigam Limited through its Managing Director, 7
Sardar Patel Marg, 800015.
3. Secretary, Planning and Adminstration, Bihar Rajya Pul Nirman Nigam Ltd.
7 Sardar Patel Marg, Patna
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11130 of 2016)
For the Petitioner/s : Mr. Satyabir Bharti, Advocate
For the State : Mr. Sajid Salim Khan, SC-25
For the respondent : Mr. R. K. Priyadarshi, Advocate
For the Nigam : Mr. Md. Nadim Seraj, Advocate
(In Civil Writ Jurisdiction Case No. 8737 of 2016)
For the Petitioner/s : Mr. Anurag Saurav, Advocate
For the Respondent/s : Mr. Arvind Kumar No. 2,SC-17
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
3 10-05-2023Re:- C.W.J.C. No. 11130 of 2016.
In the instant petition, petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.11130 of 2016(3) dt.10-05-2023 2/7 "1. i) Quashing the letter baring no.1477, dated 11.4.2016 issued by the Secretary, Bihar Rajay Pul Nirman Nigam Ltd., whereby and where under the respondent authority specially respondent No.2 and 3 soon after entering into contract agreement dated 19.3.2016 with the petitioner for collection of toll on Ratbalghat over Dhanhaghat-Ratbalghat road in lieu of consideration amount of Rs.27,16,000/- for the period 31.3.2016/1.4.2016 to 31.3.2017 and after deposit of two installment by petitioner, enhanced the consideration amount to Rs.49,79,333.00 and further asked the petitioner to make payment of balance amount of Rs.17,66,807.00 by 26.4.2016 and in case of failure it has been intimated to the petitioner that the amount previously paid will be forfeited and the contract shall be cancelled;
ii) For issuance of writ in the nature of mandamus directing the respondent authority to act as per terms of the contract agreement dated March, 2016, whereby and where under the petitioner had obtained the contract work of collection of toll on Ratbalghat over Dhanhaghat-Ratbalghat road in lieu of consideration amount of Rs.27,16,000/- for the period 31.3.2016/1.4.2016 to 31.3.2017 and petitioner was the highest bidder in the tender and an consideration amount of Rs.27,16,000/- was fixed by the respondent authority which was enhanced without any prior notice to the petitioner and consideration amount was arbitrarily enhanced to Rs.49,79,333.00 after petitioner signed the contract agreement and had deposited two installments of the amount as per the agreement;
iii) For issuance of writ in the nature of mandamus restraining the respondent authorities from forfeiting the two installments of consideration amount of Rs.16,50,000.00 deposited by the petitioner as per the terms of the contract agreement;
iv) For issuance of any appropriate writ and order that your lordships may deems fit and proper in the interest of justice and equity."
Patna High Court CWJC No.11130 of 2016(3) dt.10-05-2023 3/7
2. Short question for consideration is whether concerned respondent is empowered to enhance the consideration amount. The concerned respondent has invoked Clause 24 of the agreement.
3. Clause 24 of the agreement reads as under:-
"24. That in case there is any change in the items of rates of tolls, the increase/decrease in the amount of the agreement shall be regulated in accordance with the principle as may be decided by the Managing Director of the Bihar Rajya Pul Nirman Nigam Limited which shall be final and binding on the second party."
4. In terms of enhanced amount, notice was issued for which the petitioner had given consent in terms of Annexure-A to the counter affidavit.
5. Annexure-A to the counter affidavit reads as under:-
i=kad%& iVuk fnukad & 2@3@16
izs"kd]
e`.kky flag pkSgku
lksuiqj ¼dapu?kj½
lkj.k ¼Nijk½
lsok esa]
izca/k funs'kd]
fcgkj jkT; iqy fuekZ.k fuxe fy0] iVukA fo"k;%& okguksa ds VkWy pktsZt esa dh tkus okyh o`f) ds vuqikr esa fufonk jkf'k lekuqikfrd :i ls fu/kkZfjr djus dks iw.kZr% LosPNk ls lgefr nsus ds laca/k esaA egk'k;] Patna High Court CWJC No.11130 of 2016(3) dt.10-05-2023 4/7 eSus fcgkj jkT; iqy fuekZ.k fuxe fy0] iVuk }kjk ek¡xh xbZ [kqyh fufonk esa mPpre cksyh yxkdj i0 pEikj.k ftyk ds Fkkuk esa roj ?kkV unh ij vofLFkr iqy dh fufonk jkf'k dh vf/kdre Mkd jkf'k 27]16]000@& nh gSA eq>s tkudkjh feyh gS fd ljdkj }kjk o"kZ 1991 esa fu/kkZfjr okguksa ds VkWy njksa esa 1 vizhy] 2016 ls o`f) dh tk jgh gSA ;g o`f) fd;s tkus ij lekuqikfrd :i ls esjh Mkd dh nksxquh jkf'k Hkh c<+ tk,xhA fufonk dh vU; lHkh 'krsZa iwoZor jgsxhA ;g fyf[kr lgefr eSa iw.kZr% LosPNk ls ns jgk gw¡ vkSj bl laca/k esa fcgkj jkT; iqy fuekZ.k fuxe esa esjk dksbZ fdlh Hkh izdkj dk nkok ekU; ugha gksxkA fo'oklHkktu] g0@& e`.kky flag pkSgku lksuiqj ¼dapu ?kj½ 9308455552
6. In the light of these facts and circumstances and the fact that consent is not under any protest and it is a clear consent for enhancement. Therefore, the petitioner has not made out a case. Accordingly, writ petition stands dismissed.
Re:- C.W.J.C. No. 8737 of 2016.
In the instant petition, petitioner has prayed for the following relief(s):-
"1. a) For Quashing of letter bearing letter no.1445 Dated: 11.04.2015 issued by Secretary Bihar Rajya Pul Nirman Nigam Ltd, Whereby and Where under the respondent authority specially respondent no,2 and 3 soon after entering into Contract Agreement dated: 19.03.2016 with the petitioner for collection of Toll on Jharhi Bridge Over River in Chapra-Manjhi- Darauli-Guthani Road in lieu of Consideration amount of Ra. 13,50,000/- for the period 01.04.2016 - 31.03.2017 and after deposit of two installment by petitioner, enhanced the consideration amount twice an amount of Rs. 13,50,000/- and affixed the total amount of consideration as Rs 24,75,000/- and further asked the petitioner to make payment of balance amount of Rs.8,79,750 by 26.04.2016 and In case of Patna High Court CWJC No.11130 of 2016(3) dt.10-05-2023 5/7 failure it has been intimated to the petitioner that the amount previously paid will be forfeited.
b) For Issuance of writ in the nature of Mandamus directing the respondent authority to act as per terms of the Contract Agreement dated March 2016, Whereby and Where under the petitioner had obtained the contract work of collection of Toll on Jharhi Bridge Over River in Chapra- Manjhi-
Darauli-Guthani Road in lieu of Consideration amount of Rs. 13,50,000/- for the period 01.04.2016 -31.03.2017 and petitioner was the highest bidder in the tender and an consideration amount of Rs. 13,50,000/- was affixed by the respondent authority which was enhanced without any prior notice petitioner and consideration arbitrary affixed twice the to the amount was amount of Rs. 13,50,000/- after petitioner signed the contract agreement and deposited the two installment of the amount affixed in the agreement., as the petitioner had almost made all the investment with a legitimate expectation to continue the work of toll collection for the entire year of 2016- 2017.
c) For Issuance of writ in the nature of Mandamus restraining the respondent authority from forfeiting the two installment of consideration amount of Rs. 9,18,000/- deposited by the petitioner as per the terms of the contract agreement.
d) For issuance of any other relief or reliefs"
2. Short question for consideration is whether concerned respondent is empowered to enhance the consideration amount. The concerned respondent has invoked Clause 24 of the agreement.
3. Clause 24 of the agreement reads as under:-
"24. That in case there is any change in the items of rates of tolls, the increase/decrease in the amount of the agreement shall be regulated in accordance with the principle as may be Patna High Court CWJC No.11130 of 2016(3) dt.10-05-2023 6/7 decided by the Managing Director of the Bihar Rajya Pul Nirman Nigam Limited which shall be final and binding on the second party."
4. In terms of enhanced amount, notice was issued for which the petitioner had given consent in terms of Annexure-A/1 to the counter affidavit.
5. Annexure-A/1 to the counter affidavit reads as under:-
"lsok esa] lfpo ¼iz'kk0&vizk0½ fcgkj jkT; iqy fuekZ.k fuxe fy0 iVuk & 15 fo"k;%& floku ftykUrxZr >jgh iqy dh uhykeh esa vkbZ mPpre jkf'k dh jkf'k ds vk/kkj ij izLrkfor njksa esa o`f) ds QyLo:i nks xquh jkf'k ij ,djkjukek lEikfnr djus ds laca/k esaA izlax%& vkidk i=kad 1190 fnukad 19-03-2016 egk'k;] mi;qZDr fo"k; ,oa izlax ds laca/k esa dguk gS fd fo"k;kafdr iqy dh ;fn Hkfo"; esa iFkdj laxzg dh jkf'k esa o`f+) ;k nqxuh dh tkrh gS rks eSa c<+s gq, nj dk lekuqikfrd jkf'k tek djus ds fy, lger gw¡A rRdky vkids izklafxd i= ds vkyksd esa ,djkjukek ,oa iFkdj laxzg izkf/kdkj i= fuxZr djus gsrq okafNr jkf'k tek dj jgk gw¡A fo'oklHkktu g0@&jthu'k dq0 flag uke %& jthu'k dq0 flag eks0 %& dgjk iks %& dUgikdj ftyk %& floku eks0%& 7654743016"
6. In the light of these facts and circumstances and the fact that consent is not under any protest and it is a clear consent Patna High Court CWJC No.11130 of 2016(3) dt.10-05-2023 7/7 for enhancement. Therefore, the petitioner has not made out a case. Accordingly, writ petition stands dismissed.
(P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/-
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