M/S J. K. M Infra Projects Limited v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15892 of 2015 ======================================================

1. M/s J. K. M Infra Projects Limited, a company registered under the Companies Act having its registered office at C-84 Greator Kailash Part - I, New Delhi 110048 and its Regional office at flat no. 403, Gorakh Nath & Leela Apartment, East Boring Canal Road, Patna - 8000001 (Bihar) through its authorized signatory Mr. Ashish Jalan, son of Late Mahavir Prasad Jalan, presently posted as D.G.M, Finance, J.K.M. Infra Projects at Flat No. 403,Gorakh Nath & Leela Apartment, East Boring Canal Road, Patna - 800001, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Road Construction Department.

2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Engineer - in - Chief, Road Construction Department, Government of Bihar, Patna.

4. The Chief Engineer, Road Construction Department, North Bihar Patna.

5. The Superintending Engineer, Road Construction Department, North Bihar Circle, Bihar.

6. The Executive Engineer, Road Division, Road Construction Department. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15950 of 2015 ======================================================

1. M/s J.K.M Infra Projects Limited, a company registered under the Companies Act having its registered office at C-84, Greator Kailash Part-I, New Delhi-110048 and its Regional Office at flat No.403, Gorakh Nath & Leela Apartment, East Boring Canal Road, Patna- 800001 (Bihar) through its authorized signatory Mr. Ashish Jalan, aged about 45 years, son of Late Mahavir Prasad Jalan, presently posted as D.G.M., Finance, J.K.M. Infra Projects at flat No.403, Gorakh Nath & Leela Apartment, East Boring Canal Road, Patna- 800001, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Road Construction Department.

2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Engineer-in-Chief, Road Construction Department,Government of Bihar, Patna.

4. The Chief Engineer, Road Construction Department, North Bihar, Patna.

5. The Superintending Engineer, Raod Construction Department, North Bihar Circle, Bihar.

6. The Executive Engineer, Road Division, Road Construction Department.

Patna High Court CWJC No.15892 of 2015 (2) dt.13-10-2015 2/3 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.16088 of 2015 ======================================================

1. M/s J. K. M Infra Projects Limited, a Company registered under the Comapanies Act having its registered office at C-84, Greator Kailash Part-I, New Delhi-110048 and its Regional Office at flat no. 403, Gorakah Nath & Leela Apartment, East Boring Canal Road, Patna- 800001 (Bihar) through its authorized signatory Mr. Ashish Jalan, aged about 45 years, son of Late Mahavir Prasad Jalan, presently posted as D.G.M, Finance, J.K.M Infra Projects at flat no. 403, Gorakh Nath & Leela Apartment, East Boring Canal Road, Patna- 800001, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Road Construction Department.

2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Engineer-in- Chief, Road Construction Department, Government of Bihar, Patna.

4. The Chief Engineer, Road Construction Department, North Bihar, Patna.

5. The Superintending Engineer, Road Construction Department, North Bihar Circle, Bihar.

6. The Executive Engineer, Road Division, Road Construction Department. .... .... Respondent/s ====================================================== Appearance :

(In CWJC No.15892 of 2015) For the Petitioner/s : Mr. Pritish Kumar Lal, Adv. For the Respondent/s : Mr. Sandeep Kumar, GA8 (In CWJC No.15950 of 2015) For the Petitioner/s : Mr. Pritish Kumar Lal, Adv. For the Respondent/s : Mr. Kumar Manish- SC21 (In CWJC No.16088 of 2015) For the Petitioner/s : Mr. Pritish Kumar Lal, Adv. For the Respondent/s : Mr. Ashok Kumar, SC11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-10-2015 Heard learned counsel for the parties.

These matters have been listed at the instance of learned counsel for the petitioner who prays for disposal of these writ petitions in the light of the order so passed in CWJC No. 6618 of

Patna High Court CWJC No.15892 of 2015 (2) dt.13-10-2015 3/3 2015 (M/s J.K.M. Infra Projects Limited vs. The State of Bihar & ors.).

Learned counsel for the State has no objection to such disposal.

In the circumstances, these writ petitions are disposed of in similar terms and with liberty to the petitioner(s) to approach the Bihar Public Works Contracts Disputes Arbitration Tribunal under the provisions of the Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008.

The respondents are restrained from taking any coercive action against the petitioner(s) for a period of six weeks from today within which time the petitioner(s) should approach the Tribunal and pray for interim relief by filing an appropriate application which shall be considered and disposed of by the Tribunal on its own merits.

These writ petitions are disposed of accordingly. (Jyoti Saran, J) Bibhash/- U