Abhishek Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1870 of 2019 ====================================================== Abhishek Kumar S/o Shashi Bhushan Prasad Ward No. 4, Near D.M. House, P.S.-Dumra, Distt.- Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate, Sitamarhi, Distt.- Sitamarhi 2.

The District Magistrate Sitamarhi, Distt.-Sitamarhi 3.

The Superintending Engineer Bihar Public Works Department, Sitamarhi, Distt.-Sitamarhi 4.

The Executive Engineer Bihar Public Works Department, Sitamarhi, Distt.- Sitamarhi 5.

The Executive Engineer Rural Work Department, Work Division, Sitamarhi, Distt.-Sitamarhi 6.

The Sub-Divisional Officer Sitamarhi Sadar, Distt.-Sitamarhi 7.

The Assistant Engineer Rural Work Department Work Division, Sitamarhi, Distt.-Sitamarhi 8.

The Junior Engineer Rural Work Department, Work Division, Sitamarhi, Distt.-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Kumar Alok (SC 7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-10-2022 Petitioner has prayed for the following relief(s):- "That this writ application is being filed on behalf of the petitioner above named

Patna High Court CWJC No.1870 of 2019(5) dt.19-10-2022 2/3 for issuance of writ in the nature of mandamus directing and commanding to the respondents authority to pay the work contract amount of Rs.1,89,129.00 (One lac Eighteen nine thousand one hundred and twenty nine) with its permissible interest from 03.10.2015 to the date of its payment in terms of Tender Notice No.

R.W.D./I.A.P./01/2015-16 issued from the Office of Executive Engineer Rural Work Department, Work Division, Sitamarhi, District-Sitamarhi (Respondent No. 5) And for any other appropriate order/orders, direction/directions as this Hon'ble court thinks fit and proper in the facts and circumstances of the case."

Learned counsel for the petitioner, under instructions, states that the petitioner shall 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.

The petition is disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.1870 of 2019(5) dt.19-10-2022 3/3 It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS U