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Patna High CourtL.P.A/481/2016disposed

The State Of Bihar And ORS v. K N R J K M Kamla J V

2017-04-24Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.481 of 2016 IN Civil Writ Jurisdiction Case No. 4213 of 2015 ===========================================================

1. The State of Bihar, through the Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Engineer in Chief (North), Water Resources Department, Government of Bihar, Patna.

3. The Superintending Engineer, Planning and Monitoring, Patna, Water Resources Department, Government of Bihar, Patna.

4. The Chief Engineer, Water Resources Department, Purnia.

5. The Engineer-in-Chief (Central), Water Resources Department, Government of Bihar, Patna cum Registration Authority .... .... Appellant/s

Versus

1. KNR - JKM - KAMLA (JV) having its Corporate Office at C -84, Grater Kailash I, New Delhi 110048, through its authorized signatory Abhay Kumar Mishra, son of Sri Chandra Mishra, resident of Sankat Mochan Nagar, New Police Line, P.S. Nawada, District- Ara, Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Nishant Kumar Jha, Advocate For the Respondent/s : Mr. Prabhat Ranjan, Advocate Mr. Chandan Kumar, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-04-2017 Having heard learned counsel for the parties, we find that the learned Writ Court has only relegated the matter to be considered by a statutory dispute resolution tribunal namely, the 'Bihar Public Works Contract Dispute Arbitration Tribunal' where the matter is pending under the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 and has directed the

Patna High Court LPA No.481 of 2016 dt.24-04-2017 2/2 petitioner to approach the Tribunal for disposal of the matter. Prima facie, finding the suspension to be not in accordance with law, we see no reason to make any indulgence in the matter.

Parties have liberty to ventilate their grievances before the Tribunal and, therefore, at this stage no indulgence is called for. With the above, this appeal is disposed of.

(Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.4.2017 Transmission Date N/A