Patna High Court CWJC No.11170 of 2011 (2) dt.15-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11170 of 2011 ====================================================== 1. Satish Prasad S/O Radha Raman Prasad R/O House No. B-30, Alkapuri, P.S.- Gardanibagh, Town And Distt.- Patna .... .... Petitioner Versus 1. The State Of Bihar Through The Secretary Rural Development Department, Government Of Bihar, Patna 2. Principal Secretary Rural Development Department, Government Of Bihar, Patna 3. Deputy Development Commissioner, Banka 4. District Magistrate-Cum-District Programme Co-Ordinator, Bank .... .... Respondents 2 15-09-2011 Appointment of the petitioner was based on a contract between the District Rural Development Agencies and the petitioner. The terms and conditions for such engagement, which is a contract for service has been indicated in Annexure 2. Since the petitioner was found to be involved along with some other persons indulging in activity of prejudicial to the interest of the execution work assigned, even an F.I.R. has been lodged in this regard, against all the persons including the petitioner. Since the terms of engagement of the petitioner and termination thereof emerges from the concluded contract, the remedy may not lie before this Court by filing a writ application. If the petitioner feels that there is a breach of violation of the agreement, the petitioner may file application before the Patna High Court CWJC No.11170 of 2011 (2) dt.15-09-2011 Civil Court of Competent jurisdiction for breach of contract and not an application under Article 226 of the Constitution of India. Writ is accordingly dismissed with liberty as above. Bhardwaj/- (Ajay Kumar Tripathi, J)