Neergagan Construction Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13078 of 2022 ====================================================== Neergagan Construction Pvt. Ltd. through its Managing Director, Dilip Kumar, aged about 48 years, Male, S/o Chandradev Rai, Resident of VillageMahua Bagh, P.O.- Sakricha, P.S.- Parsa Bazar, District- Patna at present resident of Mohalla- Muradpur, P.O.- Mubarkpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Additional Chief Secretary, Rural Work Department, Bihar at Patna. 3.

The Engineer-in-Chief Rural Work Department, Bihar at Patna. 4.

The Chief Engineer-I, Rural Works Department, Bihar at Patna. 5.

The Superintending Engineer, Patna Circle, Rural Work Department, Patna. 6.

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

For the Petitioner/s :

Mr.Abhay Kumar, Advocate For the Respondent/s :

Mr. Ajay, GA 5 ====================================================== 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: 16-09-2022 Petitioner has prayed for the following relief(s):- "1. That this writ petition is being filed for issuance of a writ in the nature of writ of mandamus, directing the respondent authorities to payment of admitted dues amount Rs. 499328 to the petitioner with interest 12% per annum with regard to supplementary agreement SBD/2020-2021 of original agreement No. 7 SBD/2015-2016 for construction of Road from Kura to Achchheak Maha Dalit Tola Dhanaula (FDR work) under MMGSY (SC) and be further please to pass an appropriate writ or writs

Patna High Court CWJC No.13078 of 2022 dt.16-09-2022 2/2 direction or directions as your lordships may deem fit and proper.

In view of the fact that Bihar Public Works Dispute Arbitration Tribunal is now functional, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition with liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law.

Permission granted.

As and when any such request is made by the petitioner before the Tribunal, the same shall be considered and decided expeditiously.

The petition stands disposed of as withdrawn with the liberty aforesaid.

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

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 26.09.2022 Transmission Date