Gauri Shankar Yadav vs The State Of Bihar
2025 Latest Caselaw 1732 Patna

Patna High Court

Gauri Shankar Yadav vs The State Of Bihar on 11 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6510 of 2024
     ======================================================
     Gauri Shankar Yadav Son of Bucchi Yadav, Resident of Village- Pakohawa,
     Dinmo, Ward No. 10, Block- Kusheshwar Asthan, District- Darbhanga.


                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar Through the Principal Secretary, Rural Works
     Department, Government of Bihar, Patna.
2.   The Principal Secretary, Rural Works Department, Government of Bihar,
     Patna.
3.   The Engineer-in-Chief, Rural Works Department, Visheshwaraya Bhawan,
     Bailey Road, Patna.
4.   The Nodal Officer, PMGSY (Pradhan Mantri Gramin Sadak Yojana), Bihar,
     Patna.
5.   The Chief Engineer, Rural Works Department, Government of Bihar, Patna.
6.   The Superintending Engineer, Rural Works Department, Work Circle,
     Darbhanga-cum- Chairman of Techincal Tender Disposal Committee,
     Darbhanga,
7.   The Executive Engineer, Rural Works Department, Work Division, Biraul.
8.   Sanjeev Kumar Jha, Son of not known to the petitioner, Resident of Village-
     Harauli, Ward No. 2, P.S.-Kusheshwar Asthan, District- Darbhanga.


                                                             ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Shashi Bhushan Singh, Advocate
     For the Respondent/s   :     Mr. Pratik Kumar Sinha, AC to GA-05
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                 and
                 HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE) Patna High Court CWJC No.6510 of 2024 dt.11-02-2025

Date : 11-02-2025

We have heard Mr. Shashi Bhushan Singh, the

learned Advocate for the petitioner and Mr. Pratik Kumar

Sinha, the learned Advocate for the State.

2. The petitioner has expressed his grievance

that despite respondent No. 8 having been debarred earlier

by the Department, his tender papers were accepted and he

was given the contract.

3. During the course of argument, it was pointed

out by the learned counsel for the State that the petitioner

himself was held to be technically unresponsive and,

therefore, he would not be in a position to challenge the

award of contract to respondent No. 8.

4. That apart, the State knew about the

debarment of respondent No. 8 but despite such order, the

entire work was executed by respondent No. 8 and was

given the payments for the work done by him.

5. The other grounds raised on behalf of the

petitioner is that the work allotted under the contract to

respondent No. 8 is nearing completion. Patna High Court CWJC No.6510 of 2024 dt.11-02-2025

6. Under such circumstances, no case has been

made out by the petitioner for any interference.

7. The petition is dismissed.

8. Interlocutory application/s, if any, also

stands disposed off accordingly.

                                              (Ashutosh Kumar, ACJ)


                                                   (Partha Sarthy, J)

Manoj/Praveen-II

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Uploading Date          12.02.2025
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