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Patna High Court - Orders

M/S Aadarsh Construction vs The State Of Bihar & Ors on 13 February, 2015

Author: Birendra Prasad Verma

Bench: Birendra Prasad Verma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3337 of 2010
                 ======================================================
                 M/S Aadarsh Construction through its Managing Partner, Sanjeev Kumar
                 Singh S/O Late Surendra Prasad Singh R/O Manpur, P.S. Mufassil, Distt.-
                 Gaya                                                    .... .... Petitioner/s
                                                      Versus
                 1. The State of Bihar through Chief Secretary, Government of Bihar, old
                 Secretariat Building, Patna
                 2. The Principal Secretary to Government in the Rural Works Department,
                 Bisheshwaraiya Bhawan, Bailey Road, Patna
                 3. The Bihar Rural Road Development Agency through Engineer-In-Chief
                 to Government in the Rural Works Department, Bisheshwaraiya Bhawan,
                 Bailey Road, Patna
                 4. The Engineer-In-Chief to Government in the Rural Works Department,
                 Bisheshwaraiya Bhawan, Bailey Road, Patna
                 5. The Chief Engineer (Hq) to Government in the Rural Works Department,
                 Bisheshwaraiya Bhawan, Bailey Road, Patna
                 6. The Chief Engineer-1, Rural Works Department, Bisheshwaraiya
                 Bhawan, Bailey Road, Patna
                 7. The Superintending Engineer, Rural Works Department, Works Circle,
                 Gaya
                 8. The Executive Engineer, Rural Works Department, Works Division,
                 Gaya
                 9. Mr. Shailendra Kumar Singh @ Shailendra Prasad Singh S/O Sri
                 Dwarika Singh R/O Vill.- Eroo, Wazirganj, P.S. Wazirganj, Distt.- Gaya
                                                                        .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s              : Mr.L.B.Singh, Advocate
                 For the Respondent Nos. 1 to 8 : Mr. P.K.Verma, AAG 5
                                                      Dr.Mankeshwar Tiwary, AC to AAG 5
                 For the Respondent No.9           : Mr.Rajendra Prasad Singh, Sr.Advocate
                                                      Mr. Rajeev Kumar Singh, Advocate
                                                      Mr. Mukesh Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                 ORAL ORDER
                                          -----------

3   13-02-2015

Heard the parties.

The matter at issue is allotment of contract for construction of Wazirganj Fatehpur Road to Kanaudi Path under Pradhan Mantri Gramin Sarak Yojna on the basis of NIT dated 10th July, 2009 as contained in Annexure-1 to the writ petition.

This matter was earlier heard by a Bench of this Court Patna High Court CWJC No.3337 of 2010 (3) dt.13-02-2015 2/2 on 24.02.2010. By the aforesaid order dated 24.02.2010, official respondents were directed to file their counter affidavit within a period of four weeks. In the meantime, it was directed that no final decision with regard to the contract in question will be taken till further orders.

It is the common case of the parties that in view of the aforesaid interim order dated 24.02.2010, contract has not been finally allotted to any one.

Learned counsel appearing on behalf of the petitioner submits that, in view of passage of time and in view of the fact that contract work has not been allotted to any one on the basis of NIT as contained in Annexure-1, the present writ petition, has become infructuous.

In view of factual matrix of this case, this Court is of the opinion that the present matter has become infructuous and it is, accordingly, dismissed.

(Birendra Prasad Verma, J) Tahir/-

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