Kanhaiya Das vs The State Of Bihar
2021 Latest Caselaw 5692 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.7770 of 2020
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Kanhaiya Das Son of Late Mohan Das Resident of Mohalla- Digambar Sarkar Lane, P.O.- Buranath, Jagdishpur, P.S.- Jogsar, District- Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar Through the Collector, Munger.

2. The Collector, Munger.

3. The Municipal Commissioner Munger.

4. Municipal Corporation, Munger through Municipal Commissioner.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Navjot Yeshu, Advocate For the Respondent/s : Mr. Anjani Kumar, A.A.G. 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-11-2021

Petitioner has prayed for the following relief(s):

"For issuance of an appropriate writ(s), order(s), or direction(s) for quashing of the Office Order as contained in Letter No- 842 dated 3.3.2020 passed by Municipal Commissioner, Nagar Nigam, Munger whereby and whereunder he has terminated the agreement of contract bearing Agreement No-02/2019-20 and has withheld the performance security of Rs.5,00,000/- of the petitioner.

And further the Municipal Commissioner, Munger may be directed to Patna High Court CWJC No.7770 of 2020 dt.30-11-2021

pay the bill for the month of January, 2020 and February, 2020 in order to make payments to the labours.

And further for issuance of an appropriate writ(s) order(s), or direction(s) to release the performance security of Rs. 5,00,000/- of the petitioner forthwith which has illegally been withheld by the Respondent authorities.

And/Or Pass such other order(s) as your lordships may deem fit and proper."

Learned counsel for the petitioner seeks permission to

withdraw the petition, reserving liberty to take recourse to the

remedies provided under the agreement and more specifically

the clause termed as "Arbitration post signing of contract" (page

133 of the paper-book).

Prayer allowed.

The petition is dismissed as withdrawn. Liberty, as

prayed for, is granted.

Shri Anjani Kumari, learned A.A.G. 4, states that the

moment request is received from the petitioner, the same shall

be processed and appropriate action taken at the earliest and

positively within a period of four weeks thereafter.

Statement accepted and taken on record.

Petition is disposed of in the aforesaid terms. Patna High Court CWJC No.7770 of 2020 dt.30-11-2021

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          02.12.2021
Transmission Date