Citation : 2022 Latest Caselaw 810 Patna
Judgement Date : 31 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19016 of 2021
======================================================
Rajeshwar Singh Son of Sri Ram Nagina Singh Resident of Patel Nagar, P.O.- Keshri Nagar, P.S.- Shashtri Nagar, Town and District- Patna.
... ... Petitioner/s Versus
1. The State of Bihar through Director, Animal Husbandry, Veer Chand Patel Road, Patna.
2. The Director, Animal Husbandry, Veer Chand Patel Road, Patna.
3. The District Magistrate, Patna.
4. The District Animal Husbandry Officer, Patna.
5. Bihar Urban Infrastructure Development Corporation Ltd. (BUIDCO), through its Managing Director, Daroga Prasad Rai Path, R- Block, Patna.
6. The Executive Engineer, Bihar Urban Infrastructure Development Corporation Ltd. (BUIDCO), Patna East.
7. The Sub- Divisional Officer, Patna City-cum- Chairman, Sri Krishna Goshala, Patna City, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP-18 ====================================================== 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.19016 of 2021 dt.31-01-2022
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. Patna High Court CWJC No.19016 of 2021 dt.31-01-2022
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.
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
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