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Patna High CourtCWJC/2740/2023dismissed

Jai Shankar Ray v. The State Of Bihar

2023-04-06Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2740 of 2023 ====================================================== Jai Shankar Ray Son of Sri Mahendra Ray Resident of Village- Ahiapur, Bhikhanpura, Muzaffarpur- 842004.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Vaishali at Hajipur. 3.

The Engineer-In-Chief, Rural Works Department, Govt. of Bihar, Patna. 4.

The Chief Engineer-3, Rural Works Department, Govt. of Bihar, Patna. 5.

The Executive Engineer, Rural Works Department, Muzaffarpur Circle, Muzaffarpur.

6.

The Executive Engineer, Rural Works Department, Works Division, Mahnar, District- Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kumar Alok, SC-7 Mr. Satyeshwar Prasad, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 06-04-2023 The petitioner is a contractor, who is aggrieved of the letter dated 30th of November, 2022 (Annexure-1), issued by the respondent no.6, the Executive Engineer, Rural Works Department, Works Division, Mahnar, District-Vaishali, whereby the petitioner's firm has been debarred from executing the work given to him and has been threatened to be blacklisted. Learned counsel for the petitioner submits that the land provided to the petitioner was not free from all encumbrances and therefore he was not able to complete the

Patna High Court CWJC No.2740 of 2023(2) dt.06-04-2023 2/2 work order placed to him and the project could not be completed.

In view of this Court, grievances of the petitioner can be redressed by raising a dispute under the Commercial Courts Act, 2015 by filing a suit thereto.

Granting such liberty to the petitioner, the present writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 15 U