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Patna High CourtCWJC/8275/2020disposed

Titu Badwal v. The State Of Bihar

2020-10-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8275 of 2020 ====================================================== TITU BADWAL SON OF LATE SOHAN SINGH RESIDENT OF MOHALLAH- PROFESSOR S COLONY, MILAN PATTY, KISHANGANJ, P.S. KISHANGANJ (MUFFASSIL), DISTRICT- KISHANGANJ (BIHAR). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, NIRMAN BHAWAN, BAILEY ROAD, PATNA.

2.

THE ENGINEER-IN- CHIEF-CUM- ADDITIONAL SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, NIRMAN BHAWAN, BAILEY ROAD, PATNA.

3.

THE CHIEF ENGINEER (PATNA) BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, NIRMAN BHAWAN, BAILEY ROAD, PATNA.

4.

THE SUPERINTENDING ENGINEER, SOUTH BIHAR CIRCLE, PUNAICHAK, PATNA.

5.

THE EXECUTIVE ENGINEER, GARDANIBAGH BUILDING DIVISION, BEHIND OFFICERS FLAT, BAILEY ROAD, PATNA. 6.

THE BRANCH MANAGER, CANARA BANK, CHURI PATTI ROAD, KISHANGANJ AT KISHANGANJ.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Uma Shankar Tiwary, Advocate For the Respondent/s :

Mr Uday Shankar Sharan Singh, GP XIX ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-10-2020 This case has been taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the respondent-State.

Petitioner's counsel submits that he will avail of his remedy under the Arbitration and Conciliation Act (for brevity,

Patna High Court CWJC No.8275 of 2020(2) dt.13-10-2020 2/2 the Act) in view of the provisions contained in Clause 25 of the Agreement which has been executed in relation to the works in question.

Since the Agreement contains an arbitration clause, the learned State Counsel does not object to availing of such remedy under the Act, and in terms of the Agreement inter parties.

With liberty, as aforesaid, the writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- U