Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15855 of 2011 ====================================================== A2Z Infrastructure Ltd. through its Legal Executive, Mr. Ankur Gupta S/O Sri K.K. Gupta having its Registered Office At 205, Laxmanplace, 19-Veer Savarkar, Block- Shakarpur, Delhi, Regional Office At A-2, Near Kaushik Apartment, Vatika Puri, Ambedkar Path, Rukanpura, Bailey Road, Patna-1. .... .... Petitioner. Versus 1. The State of Bihar through Principal Secretary, Urban Development and Housing Department, Govt. Of Bihar, Patna. 2. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna. 3. The District Magistrate, Patna, Bihar. 4. The Municipal Commissioner, Patna Municipal Corporation, Patna, Bihar. 5. Mayor, Patna Municipal Corporation, Patna, Bihar. .... .... Respondents. ====================================================== For the Petitioner : Mr. N.K. Malhotra, Senior Advocate with M/s Binod Kumar Sinha, Anurag Saurav, Maria Fatima, Advocates. For the Respondents : Mr. Lalit Kishor, Senior Advocate, AAG1 Mr. Bishwa Bibhuti Kumar Singh, Advocate. ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 18 18-05-2012 This writ petition has been filed by the petitioner for the following reliefs:- i) Making the payment and admitted due of Rs.7,62,65,817.00 along with 18% interest thereon calculated from the date the amount failed due to the actual date of payment, for conducting the work of daily primary collection of M.S.W. Mechanical Street Sweeping Drain cleaning and transportation of waste as per MSW Rules 2000 in the Nine Wards and Nine Main Roads of Patna Municipal Corporation. ii) For issuance of the writ in the nature of mandamus directing the respondent Patna High Court CWJC No.15855 of 2011 (18) dt.18-05-2012 2 / 20 2 authorities for expansion of the work of the petitioner from nine wards to other wards and circles of Patna Municipal Corporation, as per the provision of clause 3 (3.2) (c) of the contract agreement which states that the contractor would start with services in New Patna Circle and to proceed in other areas after evaluation by competent authorities and satisfactory performance and at present the contractor is conducting operation only in nine wards of the New Patna Circle from the date of the institution of the contract agreement dated 09.1.2010 and till date no expansion has been made in the wards of other circles (Bankipur circle, Kankarbagh Circle, Patna City Circle) and the Contractor had also not been allotted work as per the terms and provisions of the Contract, as there were 29 wards in New Patna Circle and petitioner had been allotted only 9 wards out of these 29 wards, whereas, as per the provisions of the Contract the petitioner had to be allotted all 29 wards of New Patna Circle. iii) For issuance of writ nature of mandamus directing the respondent authorities for publication of a notification in News Paper for collection of user charges from those areas where the contractor is providing door to door collection service as per the terms of the contract agreement dated 09.1.2010. iv) For issuance of any other relief or reliefs. 2. Petitioner has filed I.A.No.8480 of 2011 seeking addition of a relief of writ of certiorari for quashing memo no.31/C dated 23.07.2011 (Annexure-42) issued by the Patna High Court CWJC No.15855 of 2011 (18) dt.18-05-2012 3 / 20 3 Municipal Commissioner, Patna Municipal Corporation, to the Principal Secretary, Department of Urban Development and Housing, Government of Bihar along with report of the Commissioner of the Corporation of the same date. 3. Petitioner is a public company having its registered office at Delhi and claims to have taken up work under Solid Wastes Management Schemes in various cities and is handling project at Indore, Lucknow, Kanpur, Ranchi and several other cities with adequate and developed machineries, equipments and skilled men power and hence when notices for Expression of Interest (EOI) for Solid Wastes Management in Patna Town was published on 02.06.2009 in several newspapers by the Bihar Urban Development Agency ((hereinafter referred to as ‘the BUDA’ for the sake of brevity) under the Department of Urban Development and Housing, Government of Bihar ((hereinafter referred to as ‘the Department’ for the sake of brevity), the petitioner submitted its application and after completing all the formalities and procedures, including pre-proposal meetings, opening of bid, letter of acceptance, bank guarantee by the petitioner etc., petitioner was selected and agreement dated 09.01.2010 was entered into between the petitioner and the Municipal Patna High Court CWJC No.15855 of 2011 (18) dt.18-05-2012 4 / 20 4 Commissioner, Patna Municipal Corporation ((hereinafter referred to as ‘the Corporation’ for the sake of brevity) and work order was issued to the petitioner. 4. Learned counsel for the petitioner stated that in CWJC No.2911 of 2006, the State of Bihar and the Corporation had filed affidavits specifically stating that the Government has already made over possession of 78 acres of land to the Corporation, whereafter the contract of setting up the Solid Wastes Plant on the said land has been allotted to this petitioner vide letter dated 12.09.2009 issued under the signature of Municipal Commissioner. In the said circumstances, the Division Bench of this Court vide order dated 06.12.2009 passed in the aforesaid case directed the Municipal Commissioner to conclude the agreement expeditiously and ensure progress of the work under his personal supervision. 5. Learned counsel for the petitioner averred that in accordance with the aforesaid agreement and work order the petitioner started conducting the operation satisfactorily and submitting its timely reports, whereafter he filed his bills on month to month basis as per the required procedure mentioned in clause 14.3 of the Special Co

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.