IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5976 of 2010 1. M/S SHIO NARAYAN SINGH A PARTNERSHIP FIRM , THROUGH ITS ONE OF THE PARTNERS SHIO NARAYAN SINGH S/O LATE RADHA KISHUN SINGH R/O VILL JAMUHAR, P.S.DEHRI, DISTT-ROHTAS Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, RURAL ENGINEERING ORGANISATION BIHAR,PATNA 3. THE ENGINEER -IN-CHIEF , R.E.O. BIHAR, PATNA 4. THE CHIEF ENGINEER R.E.O., BIHAR, PATNA 5. THE SUPERINTENDING ENGINEER, R.E.O., WORKS CIRCLE SASARAM 6. THE EXECUTIVE ENGINEER , R.E.O. WORK CIRCLE SASARAM ----------- 2. 08.04.2010 Heard learned Counsel for the petitioner and the learned Additional Advocate General No. 11 appearing on behalf of the State. Learned Additional Advocate General submits that before issuance of the impugned order dated 15.3.2010, the encroachment in question as mentioned in his representation had been removed under written intimation to the petitioner despite which there was no progress in the work. He next submits that the State Government has already constituted an Arbitral Tribunal for resolution of contractual disputes vis a vis the State Government. This Court on consideration of the submissions made on behalf of the parties and perusing the materials is satisfied that it essentially raises disputed questions of fact with regard to the respective obligations of the parties under a contractual agreement. The alleged failure to fulfill or perform an obligation after which the performance was tobe made by the other party to the contract etc. This application is therefore disposed with the observation that if so advised the petitioner may approach the Arbitral Tribunal which is expected to consider the matter urgently since commercial disputes have their own urgency. Needless to say that any steps taken by the State under the impugned order shall necessarily have to abide by such final orders that the Tribunal may pass. The application stands disposed. Snkumar/- (Navin Sinha,J.)