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Patna High Court - Orders

M/S Toshiba Water Solutions Pvt. Ltd. In ... vs The State Of Bihar on 30 July, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Letters Patent Appeal No.593 of 2021
                                           In
                     Civil Writ Jurisdiction Case No.9597 of 2021
     ======================================================
     M/s Toshiba Water Solutions Pvt. Ltd. in JV with Kevadiya Construction Pvt.
     Ltd. a joint venture between two Private Limited Companies represented
     through one of the JV Company namely Kevadiya Construction Pvt. Ltd.
     represented through its representative namely Amit Kumar, male, aged about
     32 years, Son of Rajendra Prasad Singh, Resident of House No.6, Ranabigha,
     P.S.- Barh, District- Patna.

                                                                 ... ... Appellant/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Main Secretariat, Patna.
2.   The Development Commissioner, Bihar-cum-Chairman, Bihar Urban
     Infrastructure Development Corporation Ltd., (BUIDCo), Main Secretariat,
     Patna.
3.   The Principal Secretary, Urban Development and Housing Department (UD
     and HD), Government of Bihar cum Project Director, State Program
     Management Group (SPMG) Vikash Bhavan, Bailey Road, Patna.
4.   The Bihar Urban Infrastructure Development Corporation Ltd. (BUIDCo),
     near Rajapur Pul, West Boring Canal Road, Patna- 800001 through its
     Managing Director.
5.   The Managing Director, BUIDCo, near Rajapur Pul, West Boring Canal
     Road, Patna- 800001.
6.   The Chief Engineer, Design, Planning and Monitoring, BUIDCo, Patna.
7.   The Union of India Ministry of Jal Shakti, Department of Water Resources,
     River Development and Ganga Rejuvenation through its Secretary having its
     Office at Shram Shakti Bhavan, Rafi Marg, New Delhi- 110001.
8.   The National Mission for clean Ganga, Ministry of Jal Shakti, Department
     of Water Resources, River Development and Ganga Rejuvenation,
     Government of India, 1st Floor, Major Dhyanchand Stadium, India Gate,
     New Delhi through its Director General.
9.   The Director General, National Mission for Clean Ganga, Ministry of Water
     Resources, Ministry of Jal Shakti, Department of Water Resources, River
     Development and Ganga Rejuvenation, Government of India, 1st Floor,
     Major Dhyanchand Stadium, India Gate, New Delhi.
10. The Executive Director, Technical, National Mission for Clean Ganga,
    Ministry of Water Resources, Ministry of Jal Shakti, Department of Water
    Resources, River Development and Ganga Rejuvenation, Government of
    India, 1st Floor, Major Dhyanchand Stadium, India Gate, New Delhi.
11. The Executive Director, Projects, National Mission for Clean Ganga,
    Ministry of Water Resources, Ministry of Jal Shakti, Department of Water
    Resources, River Development and Ganga Rejuvenation, Government of
    India, 1st Floor, Major Dhyanchand Stadium, India Gate, New Delhi.
12. M/s EMS Infracon Pvt. Ltd., M/s Technocraft Construction Pvt. Ltd. (JV), a
 Patna High Court L.P.A No.593 of 2021(6) dt.30-07-2025
                                             2/5




        joint venture between two Private Limited Companies, Regd. Office of Lead
        Partner at 701, DLF Tower A Jasola, New Delhi 110025 through its
        Authorized Signatory, namely, Pankaj Kumar Srivastava (Male), aged about
        50 years, Son of Prakash Chandra Srivastava, Resident of 397/C, Raj
        Colony, Hussenabad, Jaunpur, Jaunpur City, Uttar Pradesh, P.S. Line Bazar
        Jaunpur, Town and District- Jaunpur.

                                                 ... ... Respondent/s
       ======================================================
                                                   with
                         Letters Patent Appeal No. 616 of 2021
       ======================================================
       M/s EMS Infracon Pvt. Ltd.- M/s Technocraft Construction Pvt. Ltd. (JV), a
       joint venture between two Private Limited Companies, Regd. Office of lead
       partner at 701, DLF Tower A Jasola, New Delhi 110025 through its
       Authorized signatory, namely, Pankaj Kumar Srivastava (Male) aged about 51
       years, Son of Prakash Chandra Srivastava, Resident of 397/C, Raj Colony,
       Hussenabad, Jaunpur, Jaunpur Kty, Uttar Pradesh, P.S. Line Bazar Jaunpur,
       Town and District- Jaunpur.

                                                                    ... ... Appellant/s
                                          Versus
  1.    The State of Bihar through the Chief Secretary, Main Secretariat, Patna.
  2.    The Secretary, Urban Development and Housing Department (UD and HD),
        Government of Bihar cum Project Director, State Program Management
        Group (SPMG) Vikash Bhavan, Bailey Road, Patna.
  3.    The Bihar Urban Infrastructure Development Corporation Ltd., near Rajapur
        Pul, West Boring Canal Road, Patna- 800001 through its Managing Director.
  4.    The Managing Director, Bihar Urban Infrastructure Development
        Corporation Ltd., near Rajapur Pul, West Boring Canal Road, Patna-
        800001.
  5.    The Chief Engineer, Design, Planning and Monitoring, BUIDCO, Patna.
  6.    The Union of India, Ministry of Jal Shakti, Department of Water Resources,
        River Development and Ganga Rejuvenation through its Secretary having its
        Office at Shram Shakti Bhavan, Rafi Marg, New Delhi- 110001.
  7.    The National Mission for Clean Ganga, Ministry of Jal Shakti, Department
        of Water Resources, River Development and Ganga Rejuvenation,
        Government of India, 1st Floor, Major Dhyanchand Stadium, India Gate,
        New Delhi through its Direcetor General.
  8.    The Director General, National Mission for Clean Ganga, Ministry of Water
        Resources, Ministry of Jal Shakti, Department of Water Resources, River
        Development and Ganga Rejuvenation, Government of India, 1st Floor,
        Major Dhyanchand Stadium, India Gate, New Delhi.
  9.    The Executive Director, Technical, National Mission for Clean Ganga,
        Ministry of Water Resources, Ministry of Jal Shakti, Department of Water
        Resources, River Development and Ganga Rejuvenation, Government of
        India, 1st Floor, Major Dhyanchand Stadium, India Gate, New Delhi.
  10. The Executive Director, Projects, National Mission for Clean Ganga,
 Patna High Court L.P.A No.593 of 2021(6) dt.30-07-2025
                                             3/5




        Ministry of Water Resources, Ministry of Jal Shakti, Department of Water
        Resources, River Development and Ganga Rejuvenation, Government of
        India, 1st Floor, Major Dhyanchand Stadium, India Gate, New Delhi.
  11. M/s Toshiba Water Solutions Pvt. Ltd. in JV with Kevadiya Construction
      Pvt. Ltd., a joint venture between two Private Limited Companies having the
      Office at 4th Floor, Tower D, Pioneer Urban Square, Sector- 62, Gurugram,
      Haryana.

                                                 ... ... Respondent/s
       ======================================================
                                                   with
                      Civil Writ Jurisdiction Case No. 18045 of 2021
       ======================================================
       M/s Toshiba Water Solutions Pvt. Ltd. in Jv with Kevadiya Construction Pvt.
       Ltd. a joint venture between two Private Limited Companies represented
       through one of the JV company namely Kevadiya Construction Pvt. Ltd.
       represented through its representative namely Amit Kumar, male, aged about
       32 years, son of Rajendra Prasad Singh, resident of House No. 6, Ranabigha,
       P.S. - Barh, District- Patna.

                                                                    ... ... Petitioner/s
                                          Versus
  1.    The State of Bihar through the Chief Secretary, Main Secretariat, Patna.
  2.    The Development Commissioner, Bihar - cum- Chairman, Bihar Urban
        Infrastructure Development Corporation Ltd., (BUIDCo) Main Secretariat,
        Patna.
  3.    The Principal Secretary, Urban Development and Housing Department (UD
        and HD), Government of Bihar cum Project Director, State Program
        Management Group (SPMG) Vikash Bhavan, Bailey Road, Patna.
  4.    The Bihar Urban Infrastructure Development Corporation Ltd. (BUIDCo),
        near Rajapur Pul, West Boring Canal Road, Patna - 800001 through its
        Managing Director.
  5.    The Managing Director, BUIDCo, near Rajapur Pul, West Boring Canal
        Rooad, Patna - 800001.
  6.    The Chief Engineer, Design, Planning and Monitoring, BUIDCo, Patna.
  7.    The Union of India, Ministry of Jal Shakti, Department of Water Resources,
        River Development and Ganga Rejuvenation through its Secretary having its
        Office at Shram Shakti, Bhavan, Rafi Marg, New Delhi - 110001.
  8.    The National Mission for clean Ganga, Ministry of Jal Shakti, Department
        of Water Resources, River Development and Ganga Rejuvenation,
        Government of India, 1st Floor, Major Dhyanchand Stadium, India Gate
        New Delhi through its Director General.
  9.    The Director General, National Mission for Clean Ganga, Ministry of Water
        Resources, Ministry of Jal Shakti, Department of Water Resources, River
        Development and Ganga Rejuvenation, Government of India, 1st Floor,
        Major Dhyanchand Stadium, India Gate, New Delhi.
  10. The Executive Director, Technical, National Mission for Clean Ganga,
          Patna High Court L.P.A No.593 of 2021(6) dt.30-07-2025
                                                      4/5




                 Ministry of Water Resources, Ministry of Jal Shakti, Department of Water
                 Resources, River Development and Ganga Rejuvenation, Government of
                 India, 1st Floor, Major Dhyanchand Stadium, India Gate, New Delhi.
           11. The Executive Director, Projects, National Mission for Clean Ganga,
               Ministry of Water Resources, Ministry of Jal Shakti, Department of Water
               Resources, River Development and Ganga Rejuvenation, Government of
               India, 1st Floor, Major Dhyanchand Stadium, India Gate, New Delhi.
           12. M/s EMS Infracon Pvt. Ltd., M/s Technocraft Construction Pvt. Ltd. (JV), a
               joint venture between two Private Limited Companies, Regd. Office of lead
               partner at 701, DLF Tower A Jasola, New Delhi 110025 through its
               Authorized Signatory, namely, Pankaj Kumar Srivastava (Male), aged about
               50 years, Son of Prakash Chandra Srivastava, Resident of 397/C, Raj
               Colony, Hussenabad, Jaunpur, Jaunpur City, Uttar Pradesh, P.S. Line Bazar
               Jaunpur, Town and District- Jaunpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In Letters Patent Appeal No. 593 of 2021)
                 For the Appellant/s       :       Mr.Ashish Giri, Sr. Advocate
                 For the Union of India :          Mr.Rakesh Kumar, CGC
                 For the Respondent/s      :       Mr.Mohit Agarwal, Advocate
                                                   Mr.Akshat Agarwal, Advocate
                 (In Letters Patent Appeal No. 616 of 2021)
                 For the Appellant/s       :       Mr.Mohit Agarwal, Advocate
                                                   Mr.Akshat Agarwal, Advocate
                 For the Respondent/s      :       Mr.Ashish Giri, Sr. Advocate
                 For the Union of India :          Mr.Rakesh Kumar, CGC
                 (In Civil Writ Jurisdiction Case No. 18045 of 2021)
                 For the Petitioner/s      :       Mr.Ashish Giri, Sr. Advocate
                 For the Respondent/s      :       Mr.Mohit Agarwal, Advocate
                                                   Mr.Akshat Agarwal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

6   30-07-2025

Re: LPA No(s). 593 of 2021, 616 of 2021 & CWJC No. 18045 of 2021 Learned counsel for the appellants - Mr. Ashish Giri in all these cases submitted the present litigation does not survive for consideration in view of later development. Accordingly, LPA No(s). 593 of 2021, 616 of 2021 and CWJC Patna High Court L.P.A No.593 of 2021(6) dt.30-07-2025 5/5 No. 18045 of 2021 stands disposed of as it has become infructuous.

2. Pending Interlocutory Application(s), if any, stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/-

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