Saroj Kumar Singh v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18583 of 2021 ====================================================== Saroj Kumar Singh Son of Ram Chandra Singh Resident of Village - Ghosrama, P.O. - Gosrama P.S. - Hayaghat, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Public Health Engineering Department, Bihar, Patna.

2.

The Engineer in Chief Cum Special Secretary Public Health and Engineering Department Bihar, Patna.

3.

The Chief Engineer Public Health Engineering Department Muzaffarpur. 4.

The Executive Engineer Public Health Engineering Department, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG-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 : 31-01-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.18583 of 2021 dt.31-01-2022 2/3 We find the petitioner has an alternative statutory efficacious remedy, both in terms of the agreement as also the statute. Disputed question of fact cannot be adjudicated in the present petition, more so in a petition filed under Section 226 of the Constitution of India. It is a Work Contract and the agreement contains an arbitration clause. Also, there is a Tribunal constituted to adjudicate such disputes.

As such, we dispose of the present petition reserving liberty to the petitioner to take recourse to such remedies as are otherwise available in accordance with law. As and when such proceedings are taken, we are hopeful that the same shall be considered and decided expeditiously in accordance with law.

Patna High Court CWJC No.18583 of 2021 dt.31-01-2022 3/3 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 02.02.2022 Transmission Date