Shambhu Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10540 of 2019 ====================================================== Shambhu Singh, Son of Late Ramswaroop Singh, resident of Naya Tola Dariyapur, Police Station- Muffasil, District- Munger. ... ... Petitioner/s

Versus

1.

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

The Secretary, Road Construction Department, Bihar, Patna. 3.

The District Magistrate, Munger.

4.

The Superintending Engineer, Local Area Engineering Organization, Division, Munger.

5.

The Executive Engineer, Local Area Engineering Organization, Works Department, Munger.

6.

The Sub-Divisional Officer, Local Area Engineering Organization, Works Department, Munger.

7.

The Estimating Officer, Local Area Engineering Organization, Works Department, Munger.

8.

The Junior Engineer, Local Area Engineering Organization, Works Department, Munger.

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

For the Petitioner/s :

Mr. Ratnakar Ambastha, Adv.

For the Respondent/s :

Mr. Amit Prakash, GA13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-11-2022 Petitioner has prayed for the following relief(s):- "1. That the present writ application is being filed for a direction upon the concerned respondents to take measurement of the admitted additional works done by the petitioner in pursuance of recommendation made by the junior Engineer and Assistant Engineer that the petitioner had done the additional work and payment may be made to him up

Patna High Court CWJC No.10540 of 2019(2) dt.15-11-2022 2/3 to that extent.

Also for the direction to the respondent to issue completion certificate relating to admitted additional work done by the petitioner in pursuance of recommendation made by the Junior Engineer and Assistant Engineer and the information given by the department to the petitioner under RTI Act.

Also for any other relief or reliefs to which this Hon'ble Court finds the petitioner entitled to." In view of the fact that Bihar Public Works Dispute Arbitration Tribunal is now functional, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies, as are otherwise available, in accordance with law. Permission granted.

We are sure that as and when any such proceedings are initiated, before the appropriate forum/Tribunal, the same shall be considered and decided expeditiously, in accordance with law, preferably within a period of six months from the date of institution.

Needless to add, period for which the petitioner has been pursuing the matter before this Court, shall be excluded for the purpose of computing limitation.

It is made clear that we have not expressed any opinion on merits. All issues are left open.

Patna High Court CWJC No.10540 of 2019(2) dt.15-11-2022 3/3 The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Bibhash/Sujit U