M/S Star Construction vs The State Of Bihar
2023 Latest Caselaw 940 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.16995 of 2019
     ======================================================

M/s Star Construction At Balua Tal, Motihari, through Parvej Ahmad Khan, Aged about 47 years, Gender Male, Son of Haseen Ahmad Khan, Resident of Balua Tal, P.o. and P.s. and Distt.- Motihari

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Rural Works Department, Govt. of Bihar, Patna

2. The Engineer-in-Chief RWD, Bihar, Patna

3. The Chief Engineer-3 RWD, Bihar, Patna

4. The Superintending Engineer Rural Works Department, Works Circle, Motihari

5. The Executive Engineer Rural Works Department, Works Division, Pakaridayal, District- East Champaran, Motihari

6. The Assistant Engineer Rural Works Department, Works Sub Division, Pakaridayal, District- East Champaran, Motihari

7. The Junior Engineer Rural Works Department, Works Sub Division, Tetariya, District- East Champaran

8. The Executive Engineer PWD, Works Division Motihari, District- East Champaran

9. The Assistant Engineer Quality Control Unit, Road Division (P.W.D.), Motihari

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ranjeet Kumar, Advocate For the Respondent/s : Mr.Kumar Alok (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 27-02-2023 In the instant petition, petitioner has prayed for the

following reliefs:-

" i) For setting aside the order dated 03.05.2019, passed by Chief Engineer-3, Patna as contained in Memo No. 3153 dated 03.05.2019, whereby the application of the Patna High Court CWJC No.16995 of 2019 dt.27-02-2023

petitioner dated 05.09.2019, has been rejected without appreciating the judgment dated 25.07.2016, passed by Learned Works Contract Arbitration Tribunal, Bihar, Patna in reference case no. 126/2015.

ii) The petitioner further prays for issuance of direction to the respondent authority to allow the petitioner to complete the work relating to Agreement No. 03(SBD)/2013-14, executed between the petitioner and the Executive Engineer, RWD, Work Division, Pakridayal, District-East Champaran, Motihari.

Iii) The petitioner further prays to the respondent authority to prepare the MB of the entire work executed by the petitioner as per the SBD Rules, and pay the entire dues of the petitioner.

iv) For any other relief for which the petitioner may be deemed entitled to."

2. Arbitration Tribunal passed order in favour of the

petitioner in reference case no. 126 of 2015 and it was not

complied and in the result petitioner had filed writ petition no.

23120 of 2018 in which there was a direction.

3. In this backdrop, Chief Engineer-3 passed an order on

03.05.2019 vide memo no. 3153. Feeling aggrieved by the order

dated 03.05.2019 passed by the Chief Engineer-3 the present

petition is presented.

4. It is to be noted that in fact CWJC No. 23120 of 2018

itself was not maintainable, for the reasons that petitioner had

statutory remedy before the Civil Court. Even though there is a

direction and it has not been implemented in that event petitioner Patna High Court CWJC No.16995 of 2019 dt.27-02-2023

had remedy of filing MJC (contempt) and not in filing yet another

writ petition.

5. It is made clear that order dated 03.05.2019 passed by

the Chief Engineer-3 would not come in the way of invoking

remedy before Civil Court. With the above observation, the

present writ petition stands disposed of.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) abhishekkr/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.03.2023
Transmission Date       NA