M/S Suraj Construction v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.122 of 2016 Arising out of Civil Writ Jurisdiction Case No. 14642 of 2009 ====================================================== M/s Suraj Construction, a registered Partnership firm having office at Chhoti Marai at and P.O. Hajipur Distt. - Vaishali through its Partner Sri Jagnnath Singh Son of Late Kedar Singh resident of Chhoti Marai at & P.O. Hajipur, District - Vaishali .... .... Appellant/s

Versus

1. The State of Bihar through the Engineer - in - Chief Cum Additional Secretary Cum Special Secretary Rural Works Department, Visheshwaraiya Bhawan, Patna

2. The Superintending Engineer, R.E.O. Works Circle, Darbhanga, P.O. District Darbhanga

3. The Executive Engineer, Rural Works Division at & P.O. Benipur, District - Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajendra Prasad, Sr. Adv : Mr. Niraj Kumar, Adv For the State : Mr. Shashi Shekhar Kr Prasad AC to PAAG-2 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 23-12-2016 Learned counsel for the appellant wishes to withdraw not only the Letters Patent Appeal but also the writ application so as to avail the alternative remedy before the Arbitral Tribunal.

This Letters Patent Appeal and C.W.J.C No.

14642 of 2009 are dismissed as withdrawn with the aforesaid

Patna High Court LPA No.122 of 2016 (4) dt.23-12-2016 2/2 liberty.

Learned Arbitral Tribunal shall consider the claim of the appellant on merits, in accordance with law. (Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) Shageer/- U