Patna High Court
Nandini Waste Management Private ... vs The State Of Bihar on 18 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7984 of 2024
======================================================
Priyanka Kumari wife of Abhinav Kumar, resident of Madhepura, Ward No.
3, P.S - Madhepura, District - Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Urban Development and Housing
Department, Government of Bihar, Patna.
2. The Nagar Panchayat Parbatta, District - Khagaria through its Executive
Officer.
3. The Executive Officer, Nagar Panchayat Parbatta, District - Khagaria.
4. The Chief Councillor, Nagar Panchayat Parbatta, District - Khagaria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10486 of 2024
======================================================
Nandini Waste Management Private Limited through its Chief Executive
Officer Manoj Kumar Vatsa, male, aged about 50 years, S/o Sri Ramchandra
Chaudhary, resident of Village-Nariyar, Post-Nariyar, via-Kanti, P.S.-Motipur,
District-Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Housing and Urban
Development Department, Government of Bihar, Patna.
2. The Principal Secretary, Housing and Urban Development Department,
Government of Bihar, Patna.
3. The Nagar Panchayat Parbataa Khagaria through its Executive Officer.
4. The Executive Officer, Nagar Panchayat Parbatta, Khagaria.
5. The Block Development Officer, Parbatta, Khagaria.
6. The Executive Engineer, Nagar Vikas Pramandal, Khagaria.
7. The Chief Councilor, Nagar Panchayat Parbatta, Khagaria.
8. Priyanka Kumari, W/o Abhinav Kumar, resident of Maddhepura, Ward No.
3, P.S. Madhepura, District-Madhepura.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 7984 of 2024)
For the Petitioner/s : Mr. Saket Tiwary, Advocate
For the Respondent/s : Mr. Government Pleader 5
Patna High Court CWJC No.7984 of 2024 dt.18-02-2025
2/4
(In Civil Writ Jurisdiction Case No. 10486 of 2024)
For the Petitioner/s : Mr. Priyank Samdarshi, Advocate
For the Respondent/s : Mr. Government Pleader (5)
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 18-02-2025
Both the writ petitions have been taken up
together and are being disposed of by this common order.
2. In CWJC No. 7984 of 2024 (Priyanka Kumari
vs. The State of Bihar & Ors.), the grievance is that even
though the contract for door-to-door garbage collection
and cleaning was awarded in her favour, but after a
month, she was informed that the entire contract has
been terminated.
3. The grievance of the other writ petitioner,
namely Nandini Waste Management Private Limited (in
CWJC No. 10486 of 2024), is that despite the Firm being
declared L-1 in the tender process, the contract was
awarded to Priyanka Kumari.
4. It appears from the records that the Chief
Executive Officer of Parbatta Panchayat was relieved to
Patna High Court CWJC No.7984 of 2024 dt.18-02-2025
join his duties elsewhere; but using his digital signature,
concluded the contract with the writ petitioner/Priyanka
Kumari. Under the concluded agreement, it was specified
that on the contractor putting forth the invoice for the
work done, payment shall be made.
5. It was only when the request was made for
payment of bills for the work for one month that it was
made known to the petitioner/Priyanka Kumari that the
entire contract was terminated.
6. We have perused the counter affidavit on
behalf of respondent No. 3 which explains the reason for
cancelling the contract. It clearly outlines the manner in
which the contract stood concluded.
7. The Chief Executive Officer of the Parbatta
Panchayat in the District of Khagaria was not the
authority who could have concluded the contract with any
person. Everything appears to have been done in stealth
as also in haste.
8. The decision to terminate the contract is,
Patna High Court CWJC No.7984 of 2024 dt.18-02-2025
therefore, absolutely justified.
9. Thus, CWJC No. 7984 of 2024 is dismissed
with the only liberty to the petitioner therein to claim the
money for the work done by the Firm, if so desired.
10. Since the entire agreement has been
terminated, the writ petition/CWJC No. 10486 of 2024
(Nandini Waste Management Private Limited vs. The
State of Bihar & Ors.) has become infructuous.
11. Both the writ petitions stand disposed of
accordingly.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
avinash/Sunil
AFR/NAFR
CAV DATE N/A
Uploading Date 19.02.2025
Transmission Date
