IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15074 of 2008 M/S GANESH RAM DOKANIYA(a partnership firm) Dani Nath House, Kumahar Para, Dumka, Jharkhand through its Managing Partner Sri. Ganesh Ram Dokaniya, son of Late-Kali Ram Dokaniya represented by his power of Attorney Holder Sri. Rishitosh Pathak, son of Sri. B.K.Pathak, resident of E-5, B.S.E.B., Colony, L.B.S. Nagar, Town+District-Patna. ……..Petitioner Versus 1. The Union of India through the Chairman, Railway Board, New Delhi. 2. The General Manager, East Central Railway, Hajipur. 3. The Chief Administrative Officer(South), East Central Railway, Mahendru Ghat, Patna. 4. The Chief Engineer(Construction)/South, East Central Railway, Mahendru Ghat, Patna. 5. The Chief Engineer(Construction)-II/North, East Central Railway, Mahendru Ghat, Patna. 6. The Deputy Chief Engineer(Construction), East Central Railway, Rajgir, District-Nalanda. 7. The Chief Administrative Officer, Construction, East Central Railway, 14 Strand Road, 4th Floor, Kolkata. …….Respondents. ----------- 04. 10.11.2009 Heard learned counsel for the petitioner and learned counsel for the Railway. Having perused the pleadings of both the sides, the Court is of the considered opinion that plethora of facts raised by both the sides needs to be thrashed out by the Authority within the ambit of the agreement since no application of law is to be decided at this stage. Only when the factual position as to the extent of work completed by the petitioner emerges that the Court may have an occasion to interfere, if there is arbitrariness in the said findings and the conclusion reached by the respondents in rescinding the contract in question is de horse the law. 2 The Court is not inclined to exercise its power under 226 at this stage. The writ is dismissed as such. Petitioner has liberty to move before the appropriate forum first. Shageer (Ajay Kumar Tripathi, J)