Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13583 of 2022 ====================================================== Dilip Kumar, Son of Raj Kishore Prasad, Proprietor of Jai Ambey Enterprises, resident of Mohalla-West Tola (Pachhami Tola), Post Office-Ara, Police Station-Ara Town, District-Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Vikash Bhawan, Patna. 2.

The Additional Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Municipal Commissioner, Ara Nagar Nigam, Ara, District-Bhojpur. 4.

The Chief Nagar Engineer, Ara Nagar Nigam, Ara, District-Bhojpur. 5.

The Assistant Engineer, Ara Nagar Nigam, Ara, District-Bhojpur. 6.

The Junior Engineer, Ara Nagar Nigam, Ara, District-Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Kinkar Kumar, SC 9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (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):- "(i). For issuance of an appropriate writ in the nature of mandamus seeking direction to the respondents to pay the entire dues amount Rs. 7,74,000/- for his work done against the Tender bearing No. 02/Abhi/2015-2016 (Group-67) which was for construction of P.C.C. Road from the house of Late Vishwanath Singh to Chintu Kuti Mill and also to the house of Chandwari Mahto.

(ii) For issuance of an appropriate writ in the nature of mandamus seeking direction to the respondents to

Patna High Court CWJC No.13583 of 2022 dt.16-09-2022 2/2 pay the interest at the rate of 18% p.a. from the date of completion of the work.

(iii) For any other relief or reliefs for which the petitioner is found entitled to.

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 23.09.2022 Transmission Date