Patna High Court
Ex Armymens Protection Services ... vs The State Of Bihar on 8 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17401 of 2019
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Ex Armymens Protection Services Pvt. Ltd. registered under Companies Act,
through its Managing Director, Mr. Sunil Kumar Sinha, son of Late Shyam
Bihari Lal, resident of Diwan Mohalla, Gowal Toli, Khajekala, Patna,
District-Patna-800008
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Tourism Department, Government of
Bihar, Patna
2. The Secretary Tourism Department, Government of Bihar, Patna
3. Bihar State Tourism Development Corporation Ltd. through its Managing
Director having its office at Beer Chand Patel Path, Patna-800001
4. The Managing Director Bihar State Tourism Development Corporation Ltd.
Beer Chand Patel Path, Patna-800001
5. The Manager Lease Bihar State Tourism Development Corporation Ltd.,
Patna
6. The Additional Managing Director Bihar State Tourism Development
Corporation Ltd., Patna
7. M/s Chinmaye Inn RBSS Path, Near Medical College, Bhagalpur-812001
... ... Respondent/s
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Appearance :
For the Petitioner/s : M/s Ashish Giri
Sunit Kumar Jha, Advocates
For the Respondent/s : M/s Ajit Kumar (GA9)
Anukriti Jaipuriyar
Kumar Abhimanyu Pratap, Advocates
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 08-12-2022
Petitioner has prayed for the following relief(s):-
"(i) To issue a writ / order / direction in the
nature of certiorari for quashing the letter dated
18.07.2019 issued under the signature of the
Additional managing Director, Bihar State
Tourism Development Corporation Ltd. in
Patna High Court CWJC No.17401 of 2019 dt.08-12-2022
favour of respondent M/s Chinmaye Inn by
which the said respondent has been held to be
successful for operation and maintenance of
restaurant at Hotel Kautilya Vihar Patna for
period of 10 years at the price of 20 Lac rupees
and has been directed to deposit the same with
GST, so that allotment order can be issued an
agreement entered into. (Annexure- 11).
(ii) To hold and declared that the entire decision
making process for allotment of restaurant at
Hotel Kautilya Vihar, Patna for 10 Years
pursuant to NIT dated 08.03.2019 suffers from
arbitrariness and illegality and hence, fit to be
set aside.
(iii) To direct the respondent authorities to
reconsider the grant of tender in favour of the
petitioner as he is willing to continue with the
agreement at the license fee of Rs. 30 Lac
annually which is much more than what is being
settled with the respondent no. 7.
(iv) To pass interim / ex-parte interim relief
preventing the respondent from issuing any
allotment order / agreement in favour of the
respondent no. 7 M/s Chinmaye Inn and if
already entered, stay the same and/or permit the
petitioner to continue with the operation and
maintenance of the said restaurant as it was the
erstwhile licensee.
(v) To any other relief or reliefs for which the
petitioner is found to be entitled in the facts and
circumstances of the case."
Patna High Court CWJC No.17401 of 2019 dt.08-12-2022
Learned counsel for the petitioner states that in view
of the averments made in paragraph no. 4 of the counter
affidavit filed on behalf of the respondent nos. 3 to 6, the
present petition has become infructuous.
Accordingly, learned counsel for the petitioner seeks
permission to withdraw the present petition, for the same having
rendered infructuous.
Permission granted.
Present petition stands disposed of as withdrawn.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Spd/-Sujit
AFR/NAFR
CAV DATE
Uploading Date 12.12.2022
Transmission Date
