Rishikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10590 of 2022 ====================================================== Rishikesh Kumar S/o Sri Niwas Prasad Singh R/o- F.N.- 103, Kashyap S.L.D. Apartment, Post and P.S.- Kankarbagh, Dist. Patna- 20. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Managing Director, Bihar Rajya Tourism Development Corporation Ltd. Sone Bhavan, R. Block, Patna. 2.

The Chief Engineer, Bihar Rajya Tourism Development Corporation Ltd., Sone Bhavan, R. Block, Patna.

3.

The Ex. Engineer, Bihar Rajya Tourism Development Corporation Ltd., Sone Bhavan, R. Block, Patna.

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate Ms. Usha Kumari, Advocate For the Respondent/s :

Mr. Abhimanyu Pratap Singh, Advocate ====================================================== 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 ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 12-08-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.10590 of 2022 dt.12-08-2022 2/3 Shri Abhimanyu Pratap Singh, learned counsel who appears on behalf of Respondent No. 2, namely the Chief Engineer, Bihar Rajya Torsion Development Corporation Ltd., Sone Bhavan, R. Block, Patna and Respondent No. 3, namely the Ex. Engineer, Bihar Rajya Torsion Development Corporation Ltd., Sone Bhavan, R. Block, Patna states that post recession of the petitioner's contract, the work stood allotted to third party and the new contractor has also completed most of

Patna High Court CWJC No.10590 of 2022 dt.12-08-2022 3/3 the remaining work.

This statement is seriously disputed by Shri Shashi Bhushan Singh, learned counsel appearing for the petitioner. Be that as it may, we are not inclined to issue notice in the present petition for the reason that petitioner has got alternative efficacious remedy by either resorting to the provisions of the Arbitration and Conciliation Act, 1996 or taking recourse to the provisions of the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008. As such, the present petition stands disposed of. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 16.08.2022 Transmission Date