High CourtsDIVISION BENCH(2017) 02 PAT CK 0095

Rajeev Nandan vs The State of Bihar

Patna High Court · Decided on 23 February 2017

HON’BLE JUDGES
Shivaji Pandey
RESULT
Dismissed
CASE NUMBER
20106 of 2016

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Judgment

7 paragraphs · 180 words
1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is challenging the action of the respondent, debarring him to participate in the new tender. The ground has been assigned that he has not completed the work which was allotted to him. The petitioner for the identical dispute has

already approached this Court in C.W.J.C. No.3321 of 2015, which has been dismissed as withdrawn without any liberty and as such the second writ is not maintainable in view of the decision of the Supreme Court in the case of Sarguja Transport Service vs. State Transport Appellate Tribunal, M.P. Gwalior and Ors, reported in

1987 AIR, 88.

3.

Learned counsel for the petitioner submits that after the withdrawal of the aforesaid writ application he approached the Tribunal and the Tribunal has passed the order in his favour.

4.

In such view of the matter, the petitioner may approach the competent authority, who will act in terms of the order passed by the Tribunal.

5.

With the aforesaid observations and directions, this writ application is dismissed.