Chandan Kumar Singh vs The State Of Bihar
2025 Latest Caselaw 1091 Patna

Patna High Court

Chandan Kumar Singh vs The State Of Bihar on 10 January, 2025

Bench: Chief Justice, Partha Sarthy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.19753 of 2024
     ======================================================
     Chandan Kumar Singh S/o- Manoj Kumar Singh Resident of Village-
     Khairawa, P.O- Maniyari, P.S- Maniyari, District- Sitamarhi.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through Additional Chief Secretary, Urban Development
     and Housing Department, Patna.
2.   The Additional Chief Secretary, Urban Development and Housing
     Department, Patna.
3.   The Deputy Secretary, Urban Development and Housing Department, Patna.
4.   The Municipal Corporation, Sitamarhi through its Commissioner, Sitamarhi.
5.   The Municipal Commissioner, Municipal Corporation, Sitamarhi.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Sanjay Kumar, Advocate
     For the Respondent/s   :      Mr. Vikas Kumar, AC to AG
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-01-2025

The above writ petition has been filed contending that

the 5th respondent has floated an NIT without prior approval, as

is mandated in Annexure-P/7 communication, issued by the

Urban Development and Housing Department. It is also

submitted that as per the NIT, three outsourcing agencies were

granted the work, to whom payments have been made, even

when the terms and conditions of the agreement have not been

complied with.

2. We have to immediately notice that the three Patna High Court CWJC No.19753 of 2024 dt.10-01-2025

outsourcing agencies, to whom work has been awarded, have

not been made parties. Hence, there is no question of

consideration of whether the disbursement of money is in

accordance with the agreement or not.

3. Yet another contention was that the NIT itself was

without prior approval of the department. The concerned

department is said to have issued Annexure-P/2 letter, to which

the 5th respondent has replied by Annexure-P/3.

4. It is for the authority to consider whether the

explanation is proper or not and there is no question of a Public

Interest Litigation being initiated for the same.

5. For all the above reasons, we find the writ petition

to be misconceived. The writ petition stands dismissed.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          15.01.2025
Transmission Date