Petitioners sought cancellation of a short tender and allotment of work via mandamus. The High Court held that a statutory right to file the petition for mandamus must be established, which was not shown, and dismissed the petition.
Direction to allot work and cancel tender was denied as no statutory right was established.
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. 8504 of 2023
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar For the Respondent/s : Mr. Vinay Kirti Singh ( Ga 2 )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 22-06-2023
In the instant petition, the petitioners have prayed for
the following relief:-
“I. For that the concerned respondents may be directed to allot the Work in favour of petitioners in connection with N.I.T. (Tender) No. 15/2022-23 (PR No. 016794/2022-23) dated 15/3/2023 by way of cancelling N.I.T (Short Period Tender) No. 01/2023-24 dated 3/5/2023 as well as setting aside the letter Vide
Patna High Court CWJC No. 8504 of 2023 dt.22-06-2023 2/2
Memo No. 597 dated 24/4/2023 issued by Respondent No. 5 (Annexure 3 and 3/1).
II For that the concerned respondents may be directed to punish respondent No. 5 for their illegal work.
III For that any other relief/reliefs may also be provided to the petitioner if he deserves the same.”
allotment of work unless and until, the petitioners have made out statutory right to seek a Writ of Mandamus. In fact, the Courts have time and again held for issuance of Writ of Mandamus under Article 226 of the Constitution of India, aggrieved person must fulfill two ingredients, namely, statutory right vested with the party and similarly statutory duty vested upon the concerned authority. Both the ingredients are not forthcoming from the pleadings read with material information.
(P. B. Bajanthri, J)
Amrendra/ashish kr/-
( Jitendra Kumar, J)
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| Uploading Date | 26.06.2023 |
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1 issue framed by the court
Whether the writ court can issue a direction for allotment of public work without the petitioner demonstrating a statutory right to seek a writ of mandamus.
Rani Kumari and Ors.
The State of Bihar and Ors.
P. B. Bajanthri
Jitendra Kumar Oral
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
