Rainbowhills Ircon Pvt Ltd vs The State Of Bihar
2024 Latest Caselaw 768 Patna

Patna High Court

Rainbowhills Ircon Pvt Ltd vs The State Of Bihar on 31 January, 2024

Bench: Chief Justice, Rajiv Roy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1659 of 2024
     ======================================================
     Rainbowhills Ircon Pvt Ltd Through its Director Shahabul Huda, aged about
     37 years (Male) S/o Zeaul Huda, R/o Choutan Molvi Lane, Karimganj, P.S-
     Town, District- Gaya.

                                                               ... ... Petitioner/s
                                      Versus
1.   The State of Bihar
2.   The Principal Secretary Department of Public Health Engineering
     Department, Patna
3.   The Engineer in Chief Cum Special Secretary, Public Health Engineering
     Department, Patna.
4.   The Chief Engineer, Public Health Engineering Department. Purnea Region,
     Purnea.
5.   The Superintending Engineer Public Health Engineering Department,
     Saharsa.
6.   Executive Engineer Public Health Engineering Department, Madhepura
     Division, Madhepura.
7.   Assistant Engineer, Public Health Engineering Division, Madhepura.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Ajay Kumar Sinha, Advocate
     For the Respondent/s   :     Mr.Addl. Advocate General (13)
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE RAJIV ROY
     ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 31-01-2024

The petitioner is aggrieved with the order passed

on 09.01.2021. The petitioner has not chosen to file a writ

petition against it at the appropriate time. Three years have Patna High Court CWJC No.1659 of 2024 dt.31-01-2024

elapsed and the delay restricts us from invoking the

extraordinary jurisdiction which is also discretionary in

nature.

2. Learned Government Advocate also points out

that the work was not completed and hence, the order was

issued. The work was a pet scheme of the Government

called the 'Nal Jal Yojna' to be completed within time.

3. Learned counsel for the petitioner, however,

asserts that the work is completed within the stipulated time

itself. These are all matters which may require evidence and

it is not proper for us to entertain a writ petition under

Article 226 to resolve such disputes.

4. We see that a representation has been filed at

Annexure P/5 which the Respondent No. 6 may consider

and pass a speaking order in accordance with law; to which

direction the relief is confined. The petitioner shall be

afforded a personal hearing and the documents to

substantiate the completion of the work shall also be

produced by the petitioner. The petitioner shall be issued

with a notice for personal hearing within one month, and

two months from the date of hearing, the matter shall be Patna High Court CWJC No.1659 of 2024 dt.31-01-2024

concluded.

5. The writ petition is closed with the above

reservation; without any observation on the merits of the

matter.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          02.02.2024
Transmission Date