Patna High Court
Naresh Kumar Goyal vs The State Of Bihar And Ors on 23 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8425 of 2017
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Naresh Kumar Goyal Son of Late Vishwanath Prasad Goyal, resident of
Tekari Road, Batta More, Gaya, P.S.- Kotwali, District- Gaya, at present -
Upper Mill Stores, Tekari Road, P.S.- Kotwali, District- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of
Transport, Government of Bihar, Patna
2. The Collector, Gaya.
3. The District Transport Officer, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar Sinha, Advocate
For the Respondent/s : Mr. Raghwendra Kumar-SC 22
Mr. Nitin Kumar Singh, AC to SC 22
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 23-09-2025
1. The writ petition is filed for the
following reliefs:
"For issuance of appropriate
writ / writs, order / orders, direction /
directions for setting aside the order dated
30.03.2017
passed by the Respondent
No.3 arbitrarily, malafide, wrongly and
illegally in which the Respondent No.3 has
ordered the petitioner to remove his
generator with a capacity of 10 KVA from
the office of the District Transport office,
Gaya and for order to restore the status of
the petitioner and also for order the
Respondents to pay Rs.2,10,000/- with
Patna High Court CWJC No.8425 of 2017 dt.23-09-2025
penal interest on it. And/or for other
relief(s) for which the petitioner is found
entitled to on the facts and in the
circumstances of the case. "
2. The case of the petitioner, in brief, as
culled out from the Writ petition is that the District
Magistrate, Gaya, entered into an agreement with
the petitioner. Pursuant to an order of the District
Magistrate, Gaya, vide Memo No. 418/Sa dated
25.08.2011, the petitioner was directed to install a
soundless generator with a capacity of 10 KVA at
the office of the District Transport, Gaya. In
compliance, and as per directions issued by
Respondent No.3, vide letter no. 938, dated
28.09.2011, the petitioner installed a soundless
generator of 15 KVA capacity within the stipulated
time.
3. It is submitted that the petitioner fully
complied with all terms and conditions of the
agreement and there was no complaint against
him, during the tenure of service. However, 3rd
respondent District Transport Officer, Gaya,
Patna High Court CWJC No.8425 of 2017 dt.23-09-2025
allegedly made illegal demands, and upon non-
compliance, arbitrarily issued an order vide Memo
No. 2448 dated 30.03.2017, directing for the
removal of the generator.
4. It is further stated that bills totaling to
Rs.2,10,000/- upto the month of February 2017
were submitted by the petitioner, but the same
were not cleared by Respondent No.3. The
petitioner alleges mala fide intention for non-
payment of dues and termination of the
arrangement.
5. On the other hand, the Learned
counsel for the respondents submitted that the
petitioner had entered into an agreement with the
office of the Dy. Development Commissioner, Gaya,
through Letter No. 675 dated 16.04.2012, under
which a generator of 15 KVA was installed.
However, the said generator was not supplying
adequate power, causing disruption in official work.
Accordingly, the office purchased a generator of
higher capacity, and through Memo No. 2307
dated 21.09.2016, the petitioner was directed to
Patna High Court CWJC No.8425 of 2017 dt.23-09-2025
remove his generator. As per Clause 7 of the
agreement, the department had the right to
terminate the agreement, without assigning any
reason if the service was not satisfactory.
6. It is further submitted that there is no
illegality in the order dated 30.03.2017 as it was
passed in accordance with Clause 3 of the
agreement which envisages that the agreement
will be valid, till any amendment or any other order
is passed by the Transport Department.
7. Heard the Learned counsel for the
petitioner and the Learned counsel for the
respondents. Perused the records.
8. From perusal of records, it is evident
that the petitioner was permitted to install a
generator under an agreement dated 28.09.2011,
with the District Transport Office, Gaya, for
providing electricity through a soundless generator
of 10 KVA capacity. As per Clause 3 of the
agreement (Annexure-1), the agreement was to
remain valid till any amendment or any other
order is passed by the Transport Department,
Patna High Court CWJC No.8425 of 2017 dt.23-09-2025
Bihar. The Respondent No.3 issued Memo No. 2448
dated 30.03.2017 (Annexure-2), thereby
terminating the arrangement and directed the
petitioner for removal of the generator. This
termination was in accordance with the terms of
the agreement.
9. It is also evident from the counter
affidavit that the generator installed by the
petitioner was not providing sufficient energy, and
hence a new generator was procured by the
department to avoid disruption in official work. No
specific illegality or procedural violation has been
established by the petitioner in the issuance of the
termination memo dated 30.03.2017.
10. In view of the facts and circumstances,
and considering the terms of the agreement as
well as the justification provided in the counter
affidavit, this Court finds no merit in the writ
petition.
11. Accordingly, this writ petition is
dismissed as devoid of merit.
Patna High Court CWJC No.8425 of 2017 dt.23-09-2025
12. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.09.2025
Transmission Date
