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Patna High CourtCWJC/1493/2022disposed

Suresh Kumar Gupta v. The State Of Bihar

2022-03-08The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1493 of 2022 ====================================================== Suresh Kumar Gupta, Son of Sri Ramniwas Gupta, Resident of Shyamvatika, 3rd Floor, Block A, Savoke Road, Near Shyam Mandir, Ward No. -2, Silliguri, P.S. - Bhaktinagar, District - Darjeeling, West Bengal... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Kishanganj. 2.

The District Magistrate, Kishanganj.

3.

The Executive Engineer, Tudda, Kishanganj.

4.

The Assistant Engineer, Tudda, Kishanganj.

5.

The Executive Office, Road Construction Department, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navjot Yeshu, Advocate For the Respondent/s :

Mr.Abbas Haider (Sc6) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-03-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "For issuance of an appropriate writ(s), order(s), or direction(s) to consider the case of the petitioner and make the payment of admitted dues amounting to Rs.11,01,500/- (Rupees Eleven Lakhs One Thousand and Five Hundred Only) for the work of construction of road from Airport to Inspection Bungalow done by the petitioner forthwith with 18% compound interest from the date of the completion of work till the date the entire payment is made to the petitioner.

And / or pass such other order(s) as your Lordships may deem fit and proper."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned

Patna High Court CWJC No.1493 of 2022 dt.08-03-2022 2/2 counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner will be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law. Prayer allowed.

It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. The petition is disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/-Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 10.03.2022 Transmission Date NA