M/S Ghanshyam Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.60 of 2021 ====================================================== M/s Ghanshyam Lal through its Managing Partner G.L. Madhogaria @ Ghanshyam Lal Madhogaria, aged about 71 years, Gender- Male, Son of Late Laxmi Narayan Madhogaria, Resident of Simrahi Bazar, P.O.- Simrahi, P.S.- Raghopur, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Road Works Department, Visheshwaraiya Bhawan, Bailey Road, Patna.

2.

The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Road Works Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 3.

The Chief Engineer-2, Bhagalpur (Headquarter-Patna), Rural Works Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 4.

The Superintending Engineer, Rural Works Department, Work Circle-2, Patna.

5.

The Executive Engineer, Rural Works Department, Works Division, Udakishunganj (Madhepura).

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

For the Petitioner/s :

Mr. Lal Babu Singh, Advocate For the Respondent/s :

Mr. Pushkar Narain Sahi, AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 27-10-2021 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s : "That, this is an application for appointment of Arbitrator for deciding the dispute and difference between the petitioner and the respondents in connection with Agreement No.2 SBD of 2011-12 pertaining to "Special Repair of Road from Gurki Hat to Chatra More Via Tema Mela, Parokia, Kantahi, Gorihari, Tapra Tola for the year 2011-12."

Patna High Court REQ. CASE No.60 of 2021 dt.27-10-2021 2/2 Learned counsel for the petitioner seeks permission to take recourse to the relevant provisions of settlement of disputes, as contained in Clause 25 of the agreement No. 2 SBD of 2011-12 dated 08.02.2012 (Annexure-1 Page 14). Learned counsel for the respondents states that the respondents shall take a decision on the petitioner's request expeditiously and positively within the period stipulated under the clause.

Statement accepted and taken on record.

The present petition stands disposed of in the aforesaid terms, reserving liberty to approach the Court afresh, if the need so arises subsequently.

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

(Sanjay Karol, CJ) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 01.11.2021 Transmission Date