Manikant @ Mainkant Poddar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15904 of 2010 ====================================================== Manikant @ Mainkant Poddar S/O Late Banarsi Poddar R/O Moh Mal Godown Road, P.S.Khagaria, Distt-Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Rural Development Department Govt. of Bihar, Patna

2. The Secretary, Rural Development Department Govt. of Bihar, Patna

3. The Director (IT) Beltron, Rajbanshi Nagar, Patna, Bihar

4. The District Magistrate Khagaria

5. The Deputy Development Commissioner, Khagaria

6. The Director, District Rural and Development Agency (DRDA), Khagaria

7. The District Informatic Officer, National Informatic Centre Khagaria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Respondent/s : Mr. Vijay Kumar Verma, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER --------------- 06-04-2015 Heard the parties.

The matter at issue is payment of contractual dues of the petitioner for the materials supplied by him. The respondents have disputed the claim of the petitioner by filing their counter affidavit. In that view of the matter, after some arguments learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present writ petition with a liberty to approach Bihar Public Works Contracts Disputes Arbitration, Tribunal, Patna constituted under the provisions of Bihar Public Works Contracts Disputes Arbitration, Tribunal Act, 2008 for grant of appropriate relief.

Permission is accorded.

The writ petition stands disposed of as withdrawn

Patna High Court CWJC No.15904 of 2010 (3) dt.06-04-2015 2/2 with the liberty aforesaid.

If any petition is filed on behalf of the petitioner before the learned Tribunal, the same shall be considered and decided on its own merit without being prejudiced by rejection of the present writ petition. It is further clarify that if such petition is filed on behalf of the petitioner within six weeks from today and it is found that it has become barred by limitation, then the learned Tribunal shall take into consideration that on a bona fide legal advice, the present writ petition was filed on 21.09.2010 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Tahir/- U