Patna High Court
M/S Ajmani Infrastructure And ... vs The State Of Bihar on 20 June, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6319 of 2022
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M/s Ajmani Infrastructure and Project Pvt. Ltd. a registered firm and
Government approved Contractor, through its Authorized Signatory Vikash
Kumar, Age about- 41 years, Gender- Male, Son of Late Krishna Kanhaiya
Singh, Resident of House No.- 268, Sonapath, Ward No.- 18, Near Satihara
Temple, Sonepur, P.S.- Sonepur, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Youth
Affair, Art, Culture and Sports, Government of Bihar, Patna.
2. The Principal Secretary, Department of Youth Affairs, Art, Culture of Sports,
Government of Bihar, Patna.
3. The Additional Secretary, Department of Youth Affairs, Art, Culture of
Sports, Government of Bihar, Patna.
4. The District Magistrate, Vaishali at Hajipur.
5. The District Supply Officer, Vaishali at Hajipur.
6. The District Treasury Deputy Collector, Vaishali.
7. The Additional Collector, Vaishali at Hajipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
For the Respondent/s : Mr.Dhurjati Kr. Prasad (G.P.14)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 20-06-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(I) Issuance of writ in the nature of
mandamus directing the respondents to take the
final decision and pay the pending amount of Rs.
24,09,045/- for the work done in the State Level
Youth Festival, 2016 along with interest of 6% per
annum in light of Judicial Direction given vide
Patna High Court CWJC No.6319 of 2022 dt.20-06-2022
order dt. 23.03.2018 passed in C.W.J.C. No. 15703
of 2017.
(II) Issuance of writ or writs in the
nature of Certiorari quashing the Enquiry Report
dt. 20.06.2018 submitted/signed on 26.07.2018
which was done behind the back of the petitioner's
firm hence it is violation of principal of Natural
Justice.
(III) Grant any other relief or reliefs to
which the petitioner may found entitled to in the
facts and circumstances of this Case."
We are not inclined to allow the present petition, more
so, in view of the disputed nature of claims/counter claims set
out by the parties.
Petitioner executed certain works of civil nature in
relation to which, he preferred writ petition (C.W.J.C. No.
15703 of 2017, titled as M/s Ajmani Infrastructure and Project
Pvt Ltd. Vs. The State of Bihar & Others) which stood disposed
of by order dated 23rd of March, 2018 (Page 52) whereby the
petitioner was granted liberty to approach the District
Magistrate, Vaishali at Hajipur. Pursuant thereto an enquiry was
got conducted and the dues which were undisputed in nature
were paid to the petitioner and for the dues which are in dispute,
an enquiry is in progress.
Be that as it may, we cannot entertain the present
petition directing the respondents to pay the amount which is
seriously in dispute. There is no categorical admission on record
Patna High Court CWJC No.6319 of 2022 dt.20-06-2022
of the amount, as claimed by the petitioner (Rs. 24,09,045/-),
due and payable by the respondents to the petitioner. For a
works contract remedy, efficacious in nature, is provided under
the agreement, and civil laws of the land.
As such, we dispose of the present petition reserving
liberty to the petitioner to take recourse to such remedies as are
otherwise available in accordance with law.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
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