Neelam Printers And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22734 of 2012 ======================================================

1. Neelam Printers Through Its Proprietor Dhirendra Kumar Mishra S/O Late Khedan Mishra Dehri-On-Sone, District- Rohtas

2. Dhirendra Kumar Mishra (Proprietor Of Neelam Printers) S/O Late Khedan Mishra Ward No. 26, Kalisthan, Dehri-On-Sone, District- Rohtas ... .... Petitioner/s

Versus

1. The State Of Bihar

2. Principal Secretary Revenue And Land Reforms Department, Bihar, Patna

3. The Director, Land Record And Measurement, Bihar, Patna

4. District Collector (D.M.), Distt.- Aurangabad

5. Additional District Collector (A.D.M.), Aurangabad

6. District Information Officer (D.I.O./D.I.A.) Information & Science Centre, Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Narayan, Sr. Advocate Mr. Arjun Prasad For the Respondent/s : Mr. Neeraj Raj A.C. to G.A.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-11-2016 Heard Mr. Rajendra Narayan for the petitioners and A.C. to G.A.-8 for the State.

Petitioners claim to have executed contract work under an agreement whereas the respondents have taken a stand that the work was never completed and in the circumstances, the respondents, invoking relevant clauses of the agreement, have directed the petitioners to refund the advance amount made to the petitioners as also forfeited the amount of earnest money. A dispute like this cannot be gone into by the Writ Court. The petitioners would be at liberty to ventilate the said grievance

Patna High Court CWJC No.22734 of 2012 (4) dt.22-11-2016 2/2 before the appropriate forum/authority in accordance with law. Mr. Narayan states that the State has constituted a Tribunal under the provisions of Bihar Public Works Contracts Dispute Arbitration Tribunal Act, 2008 where the matter can be raised/agitated.

The writ application is disposed of granting the petitioner liberty to invoke the remedy before the Tribunal or the authority in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U