Patna High Court - Orders
M/S Yogendra Rai A Partnership Firm vs The Union Of India And Ors on 30 January, 2023
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8764 of 2018
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M/s Yogendra Rai A Partnership Firm son of Shri Ram Chhabila Rai,
Resident of Nand Vihar Colony, Mithanpura, P.O- Ramna, P.S.- Mithanpura,
District- Muzaffarpur- 842002.
... ... Petitioner/s
Versus
1. The Union of India
2. The East Central Railway through the General Manager, East Central
Railway, Hajipur, Police Station
3. The Chief Administrative Officer/con/South, East Central Railway,
Mahendru Ghat, Patna.
4. The Chief Engineer, East Central Railway, Mahendru Ghat, Patna.
5. The Deputy Chief Engineer Construction II, East Central Railway,
Darbhanga.
6. The Deputy Chief Engineer Construction I, East Central Railway,
Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Navendu Kumar, Advocate
For the Respondent/s : Mr. Naresh Dixit, Sr. Panel Counsel, UOI
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 30-01-2023Petitioner has prayed for the following relief(s):-
"i) For quashing of the order/decision contained in the Letter No. W/Con/247/SPJ/Court case No. 10689 of 2016 dated 17.08.2017 passed by the Deputy Chief Engineer (Construction), Construction Organization, East Central Railway, Samastipur, by which he rejected the claim of the petitioner with preoccupied mind, ignoring the direction of this Hon'ble Court and also by ignoring the decision/ order of this Hon'ble Court dated 30.11.2010 in CWJC No. 14198 of 2009, in the matter of M/s Patna High Court CWJC No.8764 of 2018(2) dt.30-01-2023 2/3 Arjan Narain Das Construction Co. Vs. Union of India & Others, by which the petitioner's case is squarely covered;
ii) For making direction to the Railway Authorities to make payment of Rs. 10,07,095/- (Rupees Ten Lakhs Seven Thousand and Ninety-Five Only) with interest in view of the Memorandum No. W/Con/247/ SPJ/ 1/ CA-4 dated 03.10.2012 issued by the Dy. Chief Engineer/ Con/ I, East Central Railway, Samastipur, which was deducted on account of royalty of earth work done by the petitioner, when it was against the terms of Clause 23.4 of the Tender Document and the petitioner was not responsible for any payment due to change of rate of statutory taxes of state/ central government and levy of any new type of such statutory tax;
iii) For issuance of such other writ(s)/ order(s)/ direction(s) as your Lordships may deem fit and proper."
After the matter was heard for some time, finding the Bench not to be in favour of the submission made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petition, in its present form, may be permitted to be withdrawn reserving liberty to file afresh with better particulars on the same and subsequent cause of action, if so required and desired.
Prayer allowed.
Petition is disposed of as withdrawn with the liberty aforesaid.
As and when such petition is filed, registry shall process it immediately and have it listed before the appropriate Court.
Patna High Court CWJC No.8764 of 2018(2) dt.30-01-2023 3/3 Also liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Bibhash/KCJha U