IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9359 of 2011 Anuradha Kumari S/o Sant Lal Chowdhary & W/o Shri Abhisekh Anand, R/o village & P.O. Sarahi PS- Bardh, Distt- Patna, presently residing at 18/C Shri Krishnapuri, near Basawan Park PS- Shri Krishnapuri, Distt- Patna------------------ ---------------------------------------------------Petitioner Versus 1. The State of Bihar through the Secretary, Rural Development Department, Govt. of Bihar, Patna. 2. Principal Secretary, Rural Development Department, Govt. of Bihar, Patna. 3. Deputy Development Commissioner-cum-Addl. District Programme Coordinator, Distt.- Nalanda, Bihar 4. District Magistrate-cum-District Programme Coordinate, District- Nalanda, Bihar--------------Respondents ---------------------------------- For the Petitioner: Mr. Suman Kumar Jha & Mr. K. R. Sinha, Advocates For the State: Mr. A.P. Sinha, Advocate --------------------------------- 3 24.11.2011 After having heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for Zila Parishad, Nalanda one glaring infirmity which does merit consideration from the order impugned, contained in annexure-7 dated 28.7.2008, is that the respondent authority did not adhere to their own terms and conditions of the contract. Clause 5 of the contract itself lays down that in case either of the parties would like to rescind the agreement they have freedom to do so after giving 30 days clear notice in this regard. From the impugned order it is evident that there was no clear cut notice indicating the intent of the respondents to do away with the engagement of the petitioner. The said order talks about the circumstances under which the respondents wanted to terminate the agreement but that is not in terms of the requirement laid down in Clause-5. 2 This is good enough ground for this Court to quash the order contained in annexure-7. However quashing of annexure-7 by itself will not prevent the respondents in doing what is required to be done in terms of the agreement, if it is otherwise in consonance with Clause-5. This writ petition is allowed to the extent as indicated above. RPS ( Ajay Kumar Tripathi, J.)