Sarvesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12279 of 2022 ====================================================== Sarvesh Kumar, S/o Sri Suresh Prasad, Proprietor of N.S. Electrical, Makhanpur Idgah Road, Gulzarbagh, Police Station- Alamganj, DistrictPatna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary Electricity Department, Bihar, Patna.
2.
The Bihar State Pool Nirman Nigam Limited, Sardar Patel Marg, Patna800015. 3.
The Senior Project Engineer Work Commissionary Pool Nirman Limited, Sardar Patel Marg, Patna- 800015.
4.
The Executive Engineer Electricity, Division Kankarbagh-1, Patna. 5.
The Assistant Electric Engineer, Electric Supply Sub-Division, Karbigahia, Patna.
6.
The Assistant Electric Engineer, Electric Supply Sub-Division, Bahadurpur, Kankarbagh- 1, Patna.
7.
The Junior Electrical (ESS) Engineer, Bahadurpur, Patna. 8.
The Junior Electric Engineer, (ESS) Karbigahia (West), Patna. 9.
The President-cum-Managing Director Bihar State Power Holding Company Limited, Bihar, Patna.
10.
The Rachana Construction Company Near St. Karens School, Khagaul Road, Danapur, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Krishna Jha, Advocate Mr. Arvind Kumar Mouar, Advocate For the Respondent/s :
Mr.Yogendra Pd. Sinha, AAG 7 Mr. Vinay Kirti Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA 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 : 26-08-2022
2/5 Petitioner has prayed for the following relief(s):-
3/5 After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the
4/5 present petition reserving liberty to take recourse to such remedies as are otherwise stipulated in the agreement and are available in accordance with law.
We notice that petitioner has raised dispute with regard to non-payment of amount arising out of works contract, which stipulates mechanism of resolution of disputes through the process of conciliation and arbitration.
As such, we dispose of the present petition reserving liberty to take recourse to such remedies as are available in accordance with law.
We are sure that as and when any such proceedings is initiated, the same shall be adjudicated expeditiously in accordance with law.
Without expressing any opinion on merits, leaving all questions of fact and law open, the present application is disposed of as withdrawn with the liberty aforesaid. Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.
5/5 Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Satyavrat Verma, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 30.08.2022 Transmission Date