Patna High Court
Dharmendra Sah vs The State Of Bihar on 21 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2061 of 2022
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1. Dharmendra Sah S/o Sri Dwarika Sah Resident of Village - Khudhnu Kala,
P.O. - Sadokhar, P.S. Chenari, District- Rohtas (Contractor Mid Day food
Programme Committee), Rohtas (Sasaram).
2. Mukesh Kumar Jain S/o Jayvant Kumr Jain Resident of Mohalla - Subhash
Nagar, Gali No. - 9, Dihri, P.S. - Chenari, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Director, Mid- day Meal Programme, Education Department, Govt. of
Bihar, Patna.
3. The District Magistrate - cum- Chairman, Contractor Selection Committee,
Mid- day Meal Programme, Rohtas at Sasaram.
4. The District Magistrate, Rohtas (Sasaram).
5. The Deputy Development Commissioner, Rohtas.
6. The District Education Officer, Rohtas.
7. The District Programme Officer, Mid- day Meal Programme, Rohtas
(Sasaram)
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dudh Nath Singh, Advocate
For the State : : Ms.Abhanjalli (AC to GA-12)
For the Mid Day Meal : Mr. G. Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-03-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"i. For issuance of direction/directions or
order/orders or writ/writs particularly in the
nature of certiorari to quash the office order
contained in Memo No. 29 dated
22.01.2022 and Memo No. 28 dated
Patna High Court CWJC No.2061 of 2022 dt.21-03-2022
22.01.2022 issued under the signature of
District Education Officer-cum-In-Charge
Officer, P.M. Nutrition Programme, Rohtas
at Sasaram whereby and whereunder
rescind/canceled agreements of the
Petitioners respectively and Seize their
security amount of Rs. 50,000/- each
keeping in view of Clause 10 of Letter No.-
2226 dated 20.11.2017 issued by the
Director. P.M. Nutrition Programme, Bihar,
Patna by which contractor himself and his
near relative are found elected
representative/ PDS Shop holder/ Govt.
Servant/ worker of Bihar State Mid-day
Meal at any level of their tenure.
ii. For issuance of direction or order or an
appropriate writ for declaration of Clause
10 of guidelines contained in Letter No.-
2226 dated 20.11.2017 issued under the
signature of Director, Mid-day Meal
Programme, Bihar, Patna is void on account
of takes away or abridges the rights of the
petitioners conferred part-3, fundamental
right of the Constitution of India and struck
down the same to the extent of the
inconsistency or contravention of the
Constitutional provision.
iii. For issuance of direction or order or an
appropriate writ to the respondents for
restoration of an agreement with all
consequential benefit from the date of
rescindment/ cancellation.
iv. For any other incidental and
consequential relief/ reliefs to which the
petitioners are found fit under the fact and
circumstances of the case.
After some argument, learned counsel for the
petitioners seek permission to withdraw this petition with liberty
to approach the appropriate/competent forum for redressal of
Patna High Court CWJC No.2061 of 2022 dt.21-03-2022
their grievances as permissible in law.
This application is dismissed as withdrawn
reserving liberty to the writ petitioners to take recourse to such
remedies as are otherwise available in accordance with law.
However, it is made clear that this Court has not
expressed any opinion on the merits of the case and all issues of
facts and law are left open.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
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