Ranjeet Kumar vs The Bihar Rajya Pul Nirman Nigam ...
2023 Latest Caselaw 2355 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19407 of 2016
     ======================================================

Ranjeet Kumar son of Hari Narayan Singh Resident of Village/Mohalla - Vaishnavi Colony, Sandalpur, P.S. - Bahadurpur, District - Patna - 800006 Bihar.

... ... Petitioner/s Versus

1. The Bihar Rajya Pul Nirman Nigam Limited through its Managing Director, Bihar, Patna.

2. The Chief Engineer, Bihar Rajya Pul Nirman Nigam Limited, Bihar, Patna.

3. The Deputy Chief Engineer, South Bihar Circle, Bihar Rajya Pul Nirman Nigam Limited, Bihar, Patna.

4. The Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Limited, Work Division No. 1, Patna.

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Respondent/s : Mr. Rabindra Kumar Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 12-05-2023

In the instant petition, petitioner has prayed for

following reliefs:-

"That the present writ petition is being filed for issuance of appropriate writ/ writs, direction/ directions, Order/ Orders to the Respondents for cancellation of Deed of Agreement dated 20.07.2016 which has been done in between the Petitioner and the Senior Project Engineer, the Bihar Rajya Pul Nirman Nigam Limited for settlement of Parking Area under Patna Town from Gandhi Maidan to Chiriyatar Flyover P1 to P3, P6 to P11, P11 to P12, P12 to P17 and A2 to P17 total parking area 2145 Sq. Meter (Approx) for one year from 21.07.2016 to Patna High Court CWJC No.19407 of 2016 dt.12-05-2023

20.07.2017 but in the said area the Authority dumping the waste materials and unsocial elements have in parking area and committed crime due to which the Petitioner had informed the Authority concerned regarding the said act, due to which under such circumstances the Petitioner wants cancelation of his Deed of Agreement dated 20.07.2016 and the interest of earnest money also may return."

2. The reliefs sought in the present petition cannot

be granted under Article 226 of the Constitution for the reasons

that petitioner is seeking a writ of mandamus directing the

respondents for cancellation of deed of agreement dated

20.07.2016. For cancellation of deed of agreement, the

petitioner has a remedy of filing civil suit or if there is any

clause under the agreement available to the petitioner or

respective parties, in that event petitioner is permitted to invoke

such remedy.

3. With the above observations, the present writ

petition stands disposed of as not maintainable.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

rakhi/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          19.05.2023
Transmission Date       N.A.