M/S Star Construction, Balua Tal Motihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2948 of 2023 ====================================================== M/s Star Construction, Balua Tal Motihari East Champaran, P.S.-Nagar Town, District-East Champaran, through its Managing Partner Pervez Ahmad Khan, aged about 50 Years, Male Sono f Haseen Ahmad Khan, Resident of Balua Tal Motihari, West Champaran, P.S.-Nagar Town, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

3.

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

4.

The Superintendent Engineer, Rural Works Department, Sitamarhi. 5.

The Executive Engineer, Rural Works Department, Bairgania (Marpa to Akhta (W).

6.

The Assistant Engineer, Rural Works Department, Bairgania. 7.

The Junior Engineer, Rural Works Department, Bairgania. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the State :

Mr. Prem Ranjan Raj, AC to SC 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 29-03-2023

1. The petitioner, by way of this writ petition, has prayed as under:- "1. That this Civil Writ application is being filed for issuance of appropriate writ/writs, direction/directions, order/orders and thereby for grant of following relief to the petitioner:- I. For issuance of direction to the respondent authorities to pay the admitted dues of 4-year maintenance with respect to Agreement no. SBD/P.M.G.S.Y. of 8/2009-10, work namely construction of Marpa to Akhta (W) Road

Patna High Court CWJC No.2948 of 2023(2) dt.29-03-2023 2/2 under PMGSY.

II. For issuance of direction to the respondent authorities to return the Security deposit of the petitioner as the petitioner admittedly executed the entire work and his entire bill was paid and he also completed the 5 years maintenance work.

III. The petitioner further prays for issuance of direction to the respondent authorities to pay adequate interest upon the aforementioned dues of the petitioner. IV. For any other relief/reliefs for which the petitioner may be deemed entitled to."

2. In view of the provisions of the Commercial Court Act, 2015, the remedy lies for claiming the said amount to the Commercial Court/Civil Court.

3. The petitioner having an an alternate efficacious remedy available in law, the writ petition would not be maintainable and is, accordingly, dismissed with the aforesaid liberty.

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