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2018 Supreme(Pat) 201

VIKASH JAIN
NCC Ltd. through its authorized representative Mr. Buddha Raju Appala Narasimha Raju, Son of Late Venkatapathi Raju – Appellant
Versus
State of Bihar, through its Principal Secretary, Water Resources Department, Govt. of Bihar, Secretariat, Patna, Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Y.V. Giri, Sr. Advocate, Ms. Fauzia Shakil, Mr. Balaji Verma, Advocate
For the State : Mr. Lalit Kishore, AG, Mr. Vikash Kumar, Mr. Harish Kumar, Adv.

JUDGMENT :

The present writ petition has been filed for the following reliefs —

(i) For issuance of a writ, order or direction in the nature of a declaration, declaring that the impugned circular dated 13.06.2011 is not applicable to the contract dated 06.08.2009 and cannot have the effect of overriding, novating or altering the terms of the said Contract; Or

(ii) For issuance of a writ, order or direction in the nature of certiorari quashing and setting aside the impugned circular dated 13.06.2011 issued by the Respondent no. 1; and

(iii) For issuance of a Writ, Order or direction in the nature of mandamus, directing the Respondents herein to pay strictly as per the terms of the contract; and

(iv) For issuance of a Writ, Order or direction in the nature of certiorari quashing and setting aside the impugned order dated 22.09.2015 whereby the respondent no. 1 has disposed of the petitioner’s representations by non - application of mind, arbitrarily and illegally; and

(v) Ad-interim ex-parte direct the respondents herein to release the amounts due and payable to the petitioner and withheld by the respondents by placing reliance on the impugned circular during the pendency of the present pr























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