Md. Badrul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4205 of 2022 ====================================================== Md. Badrul S/o Mohammad Jamil, R/o Ward No. 8, Gram-Post - Ranipati, Kumarkhand, District - Madhepura, Bihar - 852112. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Road Construction Department, Vishweshariya Bhawan, New Secretariat, Patna. 2.

The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Vishweshariya Bhawan, New Secretariat, Patna.

3.

The Chief Engineer N.H. (North) Wing, R.C.D. Bihar, Patna, Main Secretariat at Extension Building, Ground Floor Block - B, Patna - 800015. 4.

The Superintending Engineer, N.H. Circle, Purnea. 5.

The Executive Engineer, N.H. Division, Madhepura. 6.

The Principal Secretary, Department of Finance, State of Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Advocate For the Respondent/s :

Mr.Syed Iqbal Ahmad (SC 20) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-05-2022 Petitioner has prayed for the following relief(s): "(i) To issue an appropriate writ, order or direction to the Respondents in the nature of mandamus for payment of his bill amount, to the tune of Rs. 12,60,933/- (Rupees Twelve Lacs Sixty Thousand Nine Hundred and Thirty-Three), raised against the work completed by the petitioner allotted to him by work order issued vide Letter No. 258 dated

Patna High Court CWJC No.4205 of 2022(2) dt.05-05-2022 2/3 30.01.2021 by Executive Engineer, National Highway Division, Madhepura (Respondent No.

5).

(ii) To issue an appropriate writ, order or direction to the Respondents in the nature of mandamus for payment of interest, at the rate of 8 percent p.a. on the aforesaid amount, on delayed payment.

(iii) To issue an appropriate writ, order or direction to the Respondents in the nature of mandamus for paying damages for the hardship undergone by the petitioner because of non-payment of his legally entitled bill amount. (iv) To grant any other relief or reliefs, under the facts and circumstance of the case, to which the petitioner is entitled."

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

Patna High Court CWJC No.4205 of 2022(2) dt.05-05-2022 3/3 liberty aforesaid.

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

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