Proprietor Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4480 of 2021 ====================================================== Proprietor Arvind Kumar Singh, Male aged about 53 years, Son of Late Deo Chandra Prasad Singh, Resident of Ward no. 27, North Bihar Tent House Sondho Compound, Damu Chowk, P.S. - Kazi Mohammadpur District Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate cum - Collector, Muzaffarpur. 3.

The Deputy Collector Nazarat, Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh with Mr. Rajiv Kumar, Advocates For the Respondent/s :

Mr. Majoj Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 07-12-2021 Heard learned counsel for the parties.

Admittedly, out of total amount of Rs. 80 lakhs an odd claimed by the petitioner Rs. 60 lakhs an odd has been paid to him. Rest of the claim has been rejected by the respondents on the ground that the material supplied by the petitioner was substandard. This disputed question of fact cannot be gone into in a writ jurisdiction.

Patna High Court CWJC No.4480 of 2021 dt.07-12-2021 2/2 Learned counsel for the petitioner, thus, submits that he may be allowed to withdraw the petition with liberty to avail appropriate alternative remedy for claiming the rest of the amount. Accordingly, the petition is dismissed as withdrawn with liberty aforesaid.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P.Kumar/Anand Kr.

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