Petitioner challenged the award of a Mega Food Park contract. Court held writ was premature as the authority had initiated cancellation proceedings and no final decision was taken. Petition dismissed without passing any order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1418 of 2018
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R. M. P. Madhur son of Late Awadhesh Nandan Prasad, Resident of Mohalla - Rajendra Nagar, Police Station - Chitragupta Nagar, District - Khagaria.
... ... Petitioner
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. Abdul Manan Khan, Sr. Adv. For the Respondent No. 9: Mr. P.K. Shahi, Sr. Adv. For the U.O.I. : Ms. Nivedita Nirvikar, Adv. For the BIADA : Mr. Lalit Kishore, Sr. Adv. Ms. Binita Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Counsel for the petitioner, Mr. Lalit Kishore, learned Senior Counsel representing the Bihar Industrial Area Development Authority (BIADA), Ms. Nivedita Nirvikar, learned Central Government Counsel representing the Union of India and Mr.
Patna High Court CWJC No.1418 of 2018(3) dt.05-04-2019 2/3
P.K. Shahi, learned Senior Counsel representing the private respondent.
The petitioner in Public Interest has questioned the action of the respondent authorities in the Government of India as well as BIADA in awarding the contract for setting up of Mega Food Parks, to the respondent no. 9 for the reasons so discussed in the writ petition, which we do not think it necessary to deal with at this stage in view of the counter affidavit filed on behalf of the BIADA, in which for the reasons so discussed in the counter affidavit they have initiated process for cancellation of the lease granted in favour of the respondent no. 9.
Mr. Lalit Kishore, learned Senior Counsel appearing for the BIADA while admitting that no final decision has been taken on the issue but in reference to the show cause notice issued to the respondent no. 9, a copy of which is enclosed at Annexures 4 and 5 to the counter affidavit, he submits that until such time that the proceeding so initiated reaches a conclusion, the writ at the present stage, is premature.
We are persuaded with the submissions of Mr. Lalit Kishore because it is only as and when the contract for setting up for Mega Food Parks attains a finality that any cause arises for the petitioner or for any public spirited person to question
Patna High Court CWJC No.1418 of 2018(3) dt.05-04-2019 3/3
the process but the stage at which the issue rests today, we are not required to pass any order at this stage and we dispose of the writ petition accordingly, leaving it open for the petitioner, if so advised, to move the appropriate forum at the appropriate stage, if any cause arises.
(Jyoti Saran, J)
( Ashutosh Kumar, J)
Archana/ Surendra/-
U
1 issue framed by the court
Whether the writ petition challenging the award of a contract to the private respondent is maintainable at the present stage when authorities have initiated cancellation proceedings.
R. M. P. Madhur
Union of India
State of Bihar
Deputy Secretary, Revenue and Land Reforms, Bihar
District Collector, Khagaria
M/s Pristine Mega Food Park Private Limited
Jyoti Saran
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
