Kanhai Kumar v. The State Of Bihar Through The Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14361 of 2021 ====================================================== Kanhai Kumar, Son of Sri Shiv Rai Resident of Village and P.O.- Bisunpur Pakari via Anisabad, P.S.- Beur, District- Patna, Pin- 800002, State- Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15. 2.

The Secretary Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15.

3.

The Engineer-in-Chief Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15.

4.

The Chief Engineer-1 Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15.

5.

The Superintending Engineer Rural Works Department, Works Circle, Patna. 6.

The Executive Engineer Rural Works Department, Works Division, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Sahay, Advocate For the Respondent/s :

Mr. Kumar Alok, SC 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 17-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.14361 of 2021 dt.17-01-2022 2/3 After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the

Patna High Court CWJC No.14361 of 2021 dt.17-01-2022 3/3 Bar, learned counsel for the petitioner, more so in view of the disputed question of fact, fairly states that petitioner be permitted to withdraw the present petition reserving liberty to invoke the arbitration clause, and/or take recourse to such alternative remedies as are available in accordance with law. Permission granted.

Petition stands disposed of in the aforesaid terms. We clarify that we have not adjudicated the dispute on merits.

All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in appropriate proceedings.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date