Balbir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7038 of 2020 ====================================================== Balbir Singh Son of Jawahar Singh, Resident of Village- Matiyari, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The District Magistrate, Gopalganj 3.

The Engineer in Chief Public Works Department, Patna, Bihar 4.

The Chief Engineer (Water Resources), North Bihar, Siwan 5.

The Superintendent Engineer, (Water Resources/Flood Control) Division, Thakaraha Camp at Gopalganj 6.

The Executive Engineer (Flood Control) Division Thakaraha Camp at Gopalganj 7.

The Junior Engineer (Flood Control) Division Thakaraha Camp at Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Prasad, Advocate For the Respondent/s :

Mr.Anjani Kumar ( Aag4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE S. KUMAR) 15-11-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "(i) For issuance of appropriate writ / writs in the nature of mandamus directing and commanding the respondents concerned to make the payment of the dues amount of petitioner for the hard and struggling work done by him in the flood control under the departmental 3 agreements i.e., (a) Agreement No.45 F2 from 15.08.2012 to 31.08.2012 for outstanding arrear i.e., balance dues amount Rs.1,76,631 (b) Agreement No.46F2 from 21.09.2012 to 30.09.2012 for Rs.52,824/- (c) Agreement

Patna High Court CWJC No.7038 of 2020(2) dt.15-11-2021 2/2 No.47F2 from 15.09.2012 to 31.09.2012 and 01.08.2012 to 15.08.2012 for Rs.14,600+ 42,930/- meaning thereby Rs.2,86,985/- and the statutory interest with the respondent as the Hon'ble Court deems fit.

(ii) For issuance of appropriate writ / writs in the nature of mandamus directing / commanding the respondent authorities to make the payment of the amount which is pending before the department of the said work. (iii) To any other relief / reliefs to which the petitioner is entitled in the facts and circumstances of the case."

After some argument, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to approach the appropriate/competent forum for redressal of his grievances as permissible in law.

With aforesaid liberty, this petition is dismissed as withdrawn.

However, it is made clear that this Court has not expressed any opinion on the merits of the case and all issues of facts and law are left open.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- Sujit U