Patna High Court
M/S Shambhu Jha vs The Union Of India & Ors on 17 April, 2017
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1838 of 2017
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M/s Shambhu Jha through its Proprietor Shambhu Jha, S/o Late Mahendra Jha,
Resident of Village and P.O. Ghoghardiha, P.S. Ghoghardiha, District- Madhubani.
.... .... Petitioner/s
Versus
1. The Union of India, through the Chairman Unique Identification Authority of
India (UIDAI) Planning Commission, Govt. of India, 3rd Floor, Tower- II,
Jeevan Bharti Building, Cannaught Circus, New Delhi (Head Office) PIN-
110001.
2. Shree Munna Razak, Manager, Capital Businee System Ltd. (CBSL), 2nd Floor,
Shalimar Cold Storage, Gate No. 1, Bye- Pass Road, Patna PIN- 800002.
3. The Project Manager (Sri Shiv Kumar Yadav), Project Manager, Megha
Vimcom Pvt. Ltd. Branch Office, S-2/19, Tagore Town, Ardali Bazar, near
Bank of India, Varanasi (U.P.) PIN- 221002.
4. The Regional Director, Unique Identification Authority of India (UIDAI)
Regional Office, 1st Floor, Riada Central Office Building,Namkum Industrial
Area, near STPI Lodhi, Ranchi- 834010.
5. M/S Megha Vimcom Pvt. Ltd. (MVCPL) through its Managing Director, 333,
Lodha Complex, Near Shastri Circle Udaipur- 313001 (Rajasthan) having its
registered Office ast IT- 1, EPIP, Sitapura, Jaipur- 302022 (Rajasthan).
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Adv.
For the Respondent/s : Mr. S.D Sanjay (Addl. Soc. Gen.)
M/s Kanak Verma, (CGC)
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL JUDGMENT
Date: 17-04-2017 Head learned counsel for the petitioner and counsel for the Union of India.
The matter relates to a work order which has been issued by M/s Megha Vimcom Pvt. Ltd. for the purpose of creating Adhar Card to citizen of India at local level within the district of Madhubani (Bihar).
Patna High Court CWJC No.1838 of 2017 dt.17-04-2017 2 As per claim of the petitioner, the Adhar Card is created under the control of Regional Director, Unique Identification Authority of India (UIDAI), Regional Office, 1st Floor, Riada Central Office Building, Namkum Industrial Area, Ranchi and, for that, all the money is funded by the Regional Director, UIDAI and, on that basis, the respondent no.5 has issued the work order and, accordingly, he has done the work of creation of Adhar Card but, he has been deprived wrongly of the payment of Rs. 11,59,299/- and he is entitled to 10% interest over the same.
Learned counsel for the Union of India has submitted that the present writ application is not maintainable as M/s Megha Vimcom Pvt. Ltd. has been appointed as a franchisee which has appointed the petitioner for the aforesaid work and any claim can only be made against M/s Megha Vimcom Pvt. Ltd. not against the Regional Director, UIDAI.
In view of the fact mentioned in the writ application, it appears that the petitioner was allotted by the respondent no.5, even if the Regional Director, UIDAI may have a control for creation of Adhar Card, the same will not entitle the petitioner to file a writ application against M/s Megha Vimcom Pvt. Ltd.
Accordingly, this application is dismissed with a liberty to the petitioner to raise his grievance before appropriate Patna High Court CWJC No.1838 of 2017 dt.17-04-2017 3 forum/court/authority.
(Shivaji Pandey, J) Rishi/-
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