M/S P.K. Enterprises v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17035 of 2021 ====================================================== M/s P.K. Enterprises through Proprietor Praveen Kumar, aged about 37 years, Male, Son of Rabindra Kumar, Resident of Koshi Colony, Ward No. 13, Police Station - Saharsa, District - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Patna.

2.

The Principal Secretary, Rural Works Department, Patna. 3.

The Engineer in Chief, Rural Works Department, Patna. 4.

The Chief Engineer - 2, Rural Works Department, Patna. 5.

The Superintending Engineer, Rural Works Department, Works Division, Saharsa.

6.

The Executive Engineer, Rural Works Department, Patna, Works Division, Simri Bakhtiyarpur, District - Saharsa.

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

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate Mr. Satish Kumar Singh, Advocate For the Respondent/s :

Mr. P.N. Shahi, AAG 6 ====================================================== 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 offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 21-01-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.17035 of 2021 dt.21-01-2022 2/3 After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, more so in view of the disputed question of fact, fairly states that petitioner be permitted to take recourse to such equally, efficacious alternative remedies as are available in accordance with law.

Permission granted.

Petition stands disposed of in the aforesaid terms. We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be

Patna High Court CWJC No.17035 of 2021 dt.21-01-2022 3/3 agitated and adjudicated before the appropriate forum in appropriate proceedings.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 22.01.2022 Transmission Date