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2020 DIGILAW 24 (JHR)

Jharkhand Developers Private Ltd. v. State of Jhakrhand

2020-01-08

B.B.MANGALMURTI

body2020
JUDGMENT : 1. Heard learned counsel for the petitioner and learned counsel for the respondents-State as well as learned counsel for the respondent no.6. 2. Instant writ application was filed for the following reliefs :- a. For the issuance of appropriate writ / writs, order / orders, direction / directions to hold and declare the action of the respondents in awarding the work order dated 19.3.2010 in favour of Jharkhand Construction as illegal and arbitrary since it no longer survives and got itself converted into new Company known as Jharkhand Developers Pvt Ltd by all the erstwhile partners becoming Directors of the Company. b. To hold and declare the action of the respondents in recognizing of the new partnership dated 22.08.07 as illegal and arbitrary and to cancel the work order issued in favour of Respondent no.6. 3. It is submitted on behalf of the petitioner that an unregistered partnership firm was created in the name of M/s Jharkhand Construction which was engaged in construction and other allied activities and got itself registered under the Bihar Contractor Registration Rules, 1986 which was subsequently known as Jharkhand Contractor Registration Rules, 2001 engaged in Rural Development and Water Resources Department and the same was recognized Water Resources Department for a period of three years. The further case is that after lapse of three years, the registration of the petitioner was done in the name of Jharkhand Developers Pvt. Ltd. The partners decided to convert the partnership firm into a Limited Company in the name and style of M/s Jharkhand Developers Pvt. Ltd. and all the partners became directors of the said company. 4. Also heard learned counsel for the respondent no.6. 5. On perusal of the papers attached with this application, it appears that there is a dispute between the partnership firm and a Private Ltd. Company and the work was awarded in favour of one of them in the year 2010, therefore, after lapse of several years the grievance is no longer exist. Further it appears that the matter relates to registration of the firm / company before the government authority and award of contract to them is bound by the technical formalities, therefore, the parties are at liberty to approach the appropriate authority for redressal of their grievance. 6. With this observation, instant writ application is disposed of.