✦ Bombay High Court

Kaushalya Devi v. The state of Bihar

CIVIL WRIT JURISDICTION CASE No. 10007 of 1993AJAY KUMAR TRIPATHI

Case at a glance

Bench
AJAY KUMAR TRIPATHI

Provisions considered

Judgment

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The state of Bihar The Patna Regional Development Authority, Patna through its Chairman The Vice Chairman, Patna Regional Development Authority, Patna ------ Respondents ====

For the petitioner: Mr. Kamal Nayan Choubey Senior Advocate For Respondents: Mr.Sanjay Prakash (P.R.D.A.) For the State: Mr. Shashi Bhushan Kumar,S.C.6 Verma, Advocate ==== P R E S E N T THE HON ’BLE MR JUSTICE AJAY KUMAR TRIPATHI Ajay Kumar Tripathi,J., The petitioner is seeking enforcement of a right in terms of registered agreement entered between the erstwhile Patna Regional Development Authority which has been brought on record as contained annexure-1. Since it was a concluded agreement breach alleged against respondents can only be enforced in terms of agreement for which the petitioner has remedy under common law by approaching a court of competent civil jurisdiction. 2 This court is not willing to exercise discretion under Article 226 of the Constitution of India. This writ application is accordingly dismissed. (Ajay Kumar Tripathi,J) PATNA HIGH COURT Dated 4.12.2008 AI/NAFR

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