IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1335 of 2009 M/S Vatsa Construction Pvt.Ltd Kasturba Path North Sri Krishnapuri, Patna P.S. Sri Krishnapuri, District – Patna, through its Director Sri Kishore Kumar Singh s/o late Janki Pd. Singh, r/o Kasturba Path, North S.K.Puri, Patna ………… Petitioner/Appellant Versus 1. The State Of Bihar through the Principal Secretary Road Construction Department, Visheshwaraiya Bhawan, patna 2. The Chief Engineer, Kendriya nirupan Sanghatan, Road Construction Department, Bihar, patna 3. The Chief Engineer ( Yatayat) North Bihar Upbhag Road Construction Department, Darbhanga 4. The Executive Engineer, Road Construction Department, Road Division, Sitamarhi, ………… Respondents ----------- For the appellant: Mr. Abhay Kumar Singh, Sr. Advocate Mr. Sheo Narayan Singh, Advocate --- 2 5/3/2010 In this intra-court appeal the assail is to the order dated 9.9.2009 passed by the learned Single Judge in CWJC. No.7636 of 2009, whereby he has declined to interfere with regard to rescinding a contract awarded in favour of the appellant on the ground that the same involves disputed questions of fact. It is submitted by learned counsel for the petitioner that there are no disputed questions of fact and if the anatomy of the contract is scanned in a proper perspective, it would be luminescent that rescission has taken place without taking into consideration the 2 terms and conditions of the contract. In our considered opinion, such an issue should be adverted by an appropriate legal forum and hence we are not inclined to interfere in the matter. However, we may clarify that any observation made by the learned Single Judge with regard to the merits of the case even in the remotest manner the same shall not be pressed into service by the respondents herein. With the aforesaid observation, the appeal stands disposed of. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)