IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14842 of 2004 DHRUB PRASAD CHOUDHARY, SON OF RAM CHANDRA PRASAD, RESIDENT OF VILLAGE DHAKA, P.S. DHAKA, DISTRICT EAST CHAMPARAN……………….PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE CHIEF ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, NORTH BIHAR, PATNA 3. THE EXECUTIVE ENGINEER, BUILDING CONSTRUCTION DIVISION, MOTIHARI. 4. THE ASSISTANT ENGINEER BUILDING CONSTRUCTION DIVISION, MOTIHARI 5. THE JUNIOR ENGINEER, BUILDING CONSTRUCTION DIVISION MOTIHARI 6. THE SUPERINTENDENT ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, ANCHAL, MUZAFFARPUR, BIHAR………...RESPONDENTS. For the petitioner : Mr. Pramod Kumar Pandey, Advocate. For the respondents : Mr. P.K. Singh, Advocate. ----------- 06/ 17.01.2011 I.A. No.260 of 2011 has been filed on behalf of the applicant for substituting him in place of the original sole petitioner Dhrub Prasad Choudhary, who is said to have died on 28.08.2008 leaving behind his elder son Abhishek Kumar as his heir and legal representative fully detailed in paragraph-1 of the interlocutory application. A vakalatnama has also been filed on his behalf. Considering the facts and circumstances, this interlocutory application is allowed. Let Abhishek Kumar be substituted in place of the sole petitioner. Heard learned counsel for the petitioner and learned counsel for the respondents State of Bihar and its authorities. This writ petition has been filed by the petitioner 2 for directing the respondents authorities to pay all outstanding dues to the petitioner which they had admitted, checked up and verified with interest and for other ancillary reliefs. A counter affidavit has been filed on behalf of the respondents denying any dues of the petitioner. In the aforesaid facts and circumstance, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to approach the Tribunal for arbitration of the dispute as per the works contract between the parties. Accordingly, this writ petition is disposed of with the aforesaid liberty to the petitioner. Harish (S.N. Hussain, J.)