IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19624 of 2019

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1.

Sudarshan Kumar S/o Sri Munshi Mahato, Resident of Village-

Makhdumpur, Po and PS- Sonepur, Distt.-Chapra (Saran).

2.

Ram Chandra Singh S/o Parma Singh R/o Mushehari, PS.Dariyapur, Distt.-

Chapra (Saran).

3.

Smt. Pratima Devi W/o Sri Santosh Kumar, R/o Village-G.S. Bangara, PS.-

Jalalpur, Distt.-Chapra (Saran).

4.

Smt. Bandana Kumari W/o Sri Ranjeet KUmar Singh Village-and PO-

Gopalpur, PS-Nayagaon, Distt.-Chapra (Saran).

5.

Ram Ayodhya Prasad S/o Late Kalpat Mahto, R/o Village-Pachrour, PS.

Taraiya, Distt.-Saran.

6.

Smt. Chanda Devi W/o Rajeev Kumar Singh R/o Village-Purushotampur

Harajee, PS.-Awatar Nagar, Distt.-Chapra (Saran).

7.

Vijay Kumar Yadav S/o Srilaldas Rai, R/o Village-Hasilpur, PO and PS-

Nayagaon, Distt.-Chapra (Saran).

8.

Bipin KUmar Singh S/o Jitnarayan Singh Resident of Village-Laxmipur

Kakaria, P.S. Dighwara Distt. Saran.

9.

Manish Kumar S/o Madan Mohan Prasad Resident of Village-Fakrabad, PS

Sonepur, Distt.-Chapra (Saran).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Minor Irrigarion,

Department, Govt. of Bihar, Patna.

2.

The Chief Engineer, (Planning Superintendence and Underground Water),

Minor Irrigation Department, Bihar, Patna.

3.

The Superintending Engineer (Head Quarter), Superintendence, Secretary,

Road, Construction Department, Govt. of Bihar, Minor, Irrigation

Department, Bihar, Patna.

4.

The Executive Engineer, Minor Irrigation Division, Chapra.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Ms. Kumari Rashmi, Advocate

For the Respondent/s

:

Mr. Anirban Kundu (SC 24)

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

2

12-12-2022

Petitioners has prayed for the following relief(s):-

Patna High Court CWJC No.19624 of 2019(2) dt.12-12-2022

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“i. For quashing the letter no. 1127 /Chapra

dated 19.06.2019 issued by Respondent No.4 in

connection with NIT No. 02/2018-2019

dt.5.2.2019 for renovation of old tube wells,

under the reason that initially respondents have

invited NIT and executed agreements after more

than two months though the period of

completion was for only 94 days, taking shelter

of imposition of Moral Code of Conduct on the

eve of parliamentary elections, and later on,

unilatorily changed the provision for payment of

bills of work by the Mukhiyas, without any

supplementary agreement, and on raising voice

against such illegal acts, has rescinded

altogether 12 contracts shifting reason of delay

on petitioners by a general order without any

specific show cause notice and forfeited the

Security amount and EMDs unilaterally, leaving

aside some of their choice contractors, which is

patently illegal and not sustainable in law as

firstly he delayed in execution of agreements,

not deployed any JE or AE, not provided

specific clear site, not supplied attested copy of

agreements, and changed the rule unilatorily

without any supplementary agreement with

Mukhiyas, hence for the fault of his own, he

cannot punish the petitioners, as it is settle law

that once the game started, no rule of game can

be changed, hence the impugned order cannot

sustain on any count apart from other merits of

the case and may be quashed, holding entire

action taken by respondent no.4 as illegal and

Patna High Court CWJC No.19624 of 2019(2) dt.12-12-2022

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arbitrary.

ii. For quashing the impugned order also under

the reason that neither in the NIT nor

agreements, payment of bills were mentioned by

Mukhiyas, and when the agreements were

signed all of sudden the respondents have

stipulated that all the p