Tarun Kumar vs The State Of Bihar
2022 Latest Caselaw 2832 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No 12586 of 2021
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Tarun Kumar, Son of Laxmi Devi, resident of Village-Madhopur, P.S. Kotwali, District Munger.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. The Divisional Commissioner, Munger Division, Munger.

4. The District Magistrate, Munger.

5. The Municipal Commissioner, Munger Nagar Nigam, Munger.

6. The Chief Municipal Councilor, Munger Nagar Nigam, Munger.

7. The Deputy Municipal Commissioner, Munger Nagar Nigam, Munger.

8. The Executive Engineer, BUIDCO, Munger.

9. The Assistant Engineer, Munger Nagar Nigam, Munger.

10. The Junior Engineer, Munger Nagar Nigam, Munger.

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

For the Petitioner/s : Mr Sanjeev Nikesh, Advocate For the S t a t e : Mr Ravish Chandra, AC to SC VI For the Corporation : Mr Anjani Kumar, Sr Advocate with Mr Amit Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

(Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH)

Date : 12-05-2022

Heard learned counsel for the petitioner and the

respondents.

2 The petitioner claims to be the proprietor of a

Construction Company who was issued a work order for Patna High Court CWJC No.12586 of 2021 dt.12-05-2022

construction of four-walls enclosing a dump yard (compost) at

Churamba by the Munger Municipal Corporation (for brevity, the

Corporation). The part of the agreement has been brought on

record by way of Annexure P/7 to the writ application. The

petitioner has, admittedly, failed to execute the work within time in

terms of the said agreement. The petitioner, in the present writ

application, has put to challenge a letter dated 10.12.2020 issued

by the Municipal Commissioner whereby he has been asked to

start the construction work in terms of the said agreement, within

one week. This writ application has been filed more than seven

months after issuance of the said letter dated 10.12.2020 whereby

the petitioner was simply asked to start the work within one week,

failing which action would be initiated for cancellation of the

agreement. It is the petitioner's case that because of laches on the

part of the respondents in not demarcating the land and providing

map to the petitioner and due to public nuisance that the work

could not be completed within the time stipulated under the

agreement.

3 Be that as it may, considering the fact that the

petitioner has put to challenge a notice dated 10.12.2020 whereby

he has been asked to start work within a period of one week for

construction of the four-walls, we are not inclined to entertain this Patna High Court CWJC No.12586 of 2021 dt.12-05-2022

writ application as the dispute arises out of a contractual

agreement between the petitioner and the Corporation. The Court

is of the prima facie view that in order to avoid the consequences

of the communication dated 10.12.2020, seven months after

issuance of the said letter, this writ application has been filed

which filing of the writ application does not appear to be bona

fide.

4 This writ application, in our opinion, is without any

merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J)

(Madhuresh Prasad, J) M.E.H./-

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Uploading Date          17.05.2022
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