IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.194 of 2010 M/S VINOD KUMAR RAI, son of Basudeo Rai, resident of Village – Mohalla Baribag, P.O. Gajipur, P S – Gajipur (Kotwali), District – Gajipur (U.P.) Versus 1. THE STATE OF BIHAR through Principal Secretary, Public Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna. 2. The Engineer-in-Chief, Public Works Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 3. The Chief Engineer, Public Works Department, Patna. 4. The Superintending Engineer, Public Works Department, Ara, Bhojpur. 5. The Executive Engineer, Public Works Department, Shahabad Road Division, Ara. 6. The Assistant Engineer, Public Works Department, Shahabad Road Division, Ara. 7. The Junior Engineer, Public Works Department, Shahabad Road Division, Ara. ----------- 02. 06.01.2010 Heard learned counsel for the petitioner and learned counsel for the State. Anneuxre-9 is the order by virtue of which the contract awarded to the petitioner has been rescinded and the security money deposited by him stands forfeited. Submission of the learned counsel representing the petitioner is that the petitioner has done some work as would be evident from the averments made in para 6 of the writ application. There are many impediments in the way in completion of the work and his repeated request for extension of time has not been taken care of by the respondents. Learned counsel representing the State, however, submits that the order contained in Annexure-9 speaks about the actual state of affairs as well as the non-performance on behalf of the petitioner - 2 - despite the work having been awarded to him with a fixed time- frame. If what has been stated and duly recorded in the impugned order is correct, then it seems that the respondents were not left with any option but to take action which has been taken against the petitioner. There is no illegality or infirmity in the impugned order. If the petitioner has grievance he may ask for arbitration and raise all the issues. The writ application is dismissed. rkp (Ajay Kumar Tripathi, J)