This order dismissed the writ petition challenging the termination of a security services contract. The court observed that the status quo had been maintained pending a fresh tender, deeming it futile to adjudicate further.
The petition was disposed of with an observation that nothing survives for consideration as status quo is maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7126 of 2020
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M/s Om Shree Security Services through its Proprietor Smt. Sita Pandey, aged about 50 years (female), Wife of Bishwa Nath Pandey @ Vishvnath Pandey, having its office at Kurthaul, Near Devi Mandir, Patna-804453.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Avinash Shekhar For the Respondent/s : Mr.Lalit Kishore ( AG ) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 08-03-2021
The present writ petition has been filed for quashing the letter no. 647 dated 16.06.2020 issued by the Deputy Administrator, whereby and whereunder the security services being provided by the petitioner, pursuant to the agreement dated 01.05.2016, has been terminated without assigning any reason and without serving any show cause notice upon the petitioner.
The learned counsel for the petitioner has referred to letter dated 19.06.2017 issued by the Additional Secretary, Bihar State Agriculture Marketing Board (Dissolved), whereby and
Patna High Court CWJC No.7126 of 2020(5) dt.08-03-2021 2/2
whereunder the petitioner was granted extension of his contract dated 01.05.2016, with regard to providing securities services at Pant Bhawan, till the time the process of fresh tender is completed.
It is submitted that till date no fresh tender has been issued for the purposes of the work in question, hence the petitioner cannot be removed.
Per contra, the learned counsel for the respondent nos. 5 & 6 has referred to paragraph no. 6 of the counter affidavit and has submitted that status quo existing as on the date of the order of this Court dated 12.07.2020 is being maintained by the respondents, hence nothing survives for consideration in the present petition.
Having regard to the stand of the respondents, I deem it fit and proper to dispose off the present petition with observation that since the respondents are maintaining status quo, nothing is required to be adjudicated and further the same shall be maintained till the process of fresh tender is finalized.
(Mohit Kumar Shah, J)
S.Sb/-
U
M/s Om Shree Security Services
The State of Bihar through the Principal Secretary, Agriculture Department
The Principal Secretary, Agriculture Department
The Special Secretary Agriculture Department
The Under Secretary Agriculture Department
The Bihar State Agriculture Marketing Board (Dissolved) through its Administrator
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
