Dileep Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19994 of 2013 ====================================================== Dileep Kumar ... ... Petitioner/s

Versus

The Union Of India and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the UOI :

Mr.Alok Kumar, CGC For the Respondent/s :

Mr.Dhurjati Kr Prasad, GP-14 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 30-08-2024 IA No. 1 of 2023

1. This interlocutory application has been filed for amendment in prayer portion of para-1 of the writ petition by addition of the reliefs mentioned in paragraph No. 3 (iv), (v), (vi) and (vii) of the interlocutory application.

2. I.A. No. 1 of 2023 is hereby allowed amending the prayer portion. The reliefs mentioned in paragraph No. 3 thereof would form part of the writ petition.

CWJC No. 19994 of 2013

3. Heard Learned Counsel for the petitioner, Learned Counsel representing the State and Learned Counsel for the Union of India.

4. During course of argument, it is noticed that there are disputed question of facts as to the amounts already paid to the petitioner by the respondent and also for further payment to be made by the respondent in favour of the petitioner. Bihar

Patna High Court CWJC No.19994 of 2013(24) dt.30-08-2024 2/2 Public Works Contracts Disputes Arbitration Tribunal Act, 2008, clearly disclosed that disputes between the parties should be adjudicated before the Tribunal. Therefore, the writ application is not maintainable to decide the question of facts. At this juncture, Learned counsel for the petitioner seeks liberty to approach the Tribunal and as the amounts which are disputed pertains to the year, 2011. The Tribunal shall not insist for any condonation of delay petition in this case as the petitioner approached this Court within the period of limitation that is in the year, 2013 liberty is given to the petitioner to approach before the Tribunal and the Tribunal shall issue notice to the respondent who shall decide the matter as expeditiously as possible preferably within a period of six months as the dispute is long pending before this Court for the past 10 years.

5. Further, the respondent shall not take any coercive step against the petitioner till the disposal of the case before the Tribunal.

6. With the abovesaid observation, writ application is disposed of.

(G. Anupama Chakravarthy, J) vinita/- U