IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2108 of 2005 Jitendra Kumar Rai, S/o Late Raj Narain Rai, R/o Mohalla-7, Nabab Paty Street, P.S.-Chitpur(Cossipur), District- Kolkatta, West Bengal. …. Petitioner. Versus 1. Managing Director, Vaishali Patliputra Dugdh Utpadak Sahakari Sangh Ltd,(Patna Dairy Project), Feeder Balancing Dairy Complex, Phulwarisharif, Patna. 2. General Manager, Vaishali Patliputra Dugdh Utpadak Sahakari Sangh Ltd,(Patna Dairy Project), Phulwarisharif, Patna. 3. Manager Scrap, Feeder and Balancing Dairy, Phulwarishrif, Patna. 4. Manager, Feeder and Balancing Dairy, Phulwarishrif, Patna. ……. Respondents. ----------- 2. 24.01.2011 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging letter dated 22.01.2005 (Annexure-5) issued by the authorities of the Patna Dairy Project to the petitioner by which tender notice for disposal of scrap items were sent to him stating that if he was interested he may offer his rate within the stipulated date and seeking other ancillary reliefs with respect thereto. 3. It is not in dispute that now the entire process of tender has been completed as more than five years have lapsed. However, it is apparent from the receipt of Chief Manager(Accounts) dated 09.09.2004(Annexure2 series) that the petitioner had deposited a sum of Rs. 23,000/- with the respondents as security money. 4. In the aforesaid facts and circumstances of the case, learned counsel for the petitioner seeks permission to - 2 - withdraw this writ petition with a liberty to file an appropriate application before the General Manager, Vaishali Patliputra Dugdh Utpadak Sahakari Sangh Ltd, (Respondent no. 2) for redressal of his grievances including the refund of the said amount of security deposit with interest if not yet returned. 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files such an application before the appropriate authority along with a copy of this order within fifteen days from today, the said authority shall decide the same in accordance with law within two moths thereafter. Sujit (S. N. Hussain, J.)