Murli Prasad Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14056 of 2019 ====================================================== Murli Prasad Singh, Son of Late Ram Bachan Singh, Resident of MohallaEast Patel Nagar, House No. 47, Road No. 6, P.O. Shastri Nagar, P.S. Shastri Nagar, Patna- 23.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna- 15. 2.

The Secretary, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna- 15.

3.

The Engineer-In-Chief, Rural Works Department Vishweshwaraiya Bhawan, Bailey Road, Patna- 15.

4.

The Chief Engineer-1, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna- 15.

5.

The Superintending Engineer, Rural Works Department, Works Circle, Nalanda at Biharsharif- 803101.

6.

The Executive Engineer, Rural Works Department, Works Division, Hilsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Sahay, Advocate For the Respondent/s :

Mr. Kumar Alok ( SC 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-12-2022 Petitioner has prayed for the following relief(s):- "(I) For commanding and directing the concerned respondent to refund the entire deducted amount of "Time Extension,"

which has been illegally deducted from the bills of the petitioner contrary to provision of agreement as well as section 55 of the Indian Contract Act, 1872.

(II) For declaring that the deduction of time

Patna High Court CWJC No.14056 of 2019 dt.05-12-2022 2/2 extension from the bills of the petitioner is illegal as well as contrary to provision of agreement.

(III) For further directing the concerned respondent to pay interest @ 12% per annum over entire payable amount of "Time Extension" from the date of its deduction and till the date of its realization.

(IV) For further passing such an order or orders for which the petitioner is entitled under the law in the facts and circumstances of this case."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Permission granted.

Present petition stands disposed of as withdrawn. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Spd/-PKP AFR/NAFR CAV DATE Uploading Date 06.12.2022 Transmission Date