IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5781 of 2009 ***** Indramani Construction Pvt. Ltd through its Director, Pawan Kumar Singh, S/o late Binod Kumar Singh, resident of 102, Lotus Apartment, New Patliputra Colony, P.S. Patliputra, District-Patna. …. …. Petitioner Versus 1. The State of Bihar through its Chief Secretary, Old Secretariat Building, Patna. 2. The Principal Secretary, Road Construction Department, Visheshwaraiya Bhawan, Patna. 3. The Engineer-in-Chief-cum-Additional-Secretary-cum-Special Secretary, Road Construction Department, Visheshwaraiya Bhawan, Patna. 4. The Chief Engineer, N.H. Wing, Road Construction Department, Visheshwaraiya Bhawan, Patna. 5. The Executive Engineer, National Highway Division, Gulzarbagh, Patna. …. …. Respondents ----------- 3. 3.12.2009. Learned Additional Advocate General-XI representing the State submits that the impugned order contained in Anenxure-7 dated 8.4.2009 has been passed under purported exercise of power under Clause 11( )(ii). There is a remedy of appeal before the Principal Secretary, Road Construction Department under Clause 11( ). The objection, therefore, on behalf of the State that the petitioner should exhaust the appellate forum is well founded. The submissions made at the bar by learned counsel for the petitioner and his explanations offered before the Court can well be considered by the Principal Secretary. The writ application stands disposed of with liberty to the petitioner now to file appeal. The limitation fixed under the provisions of the statute may be extended for the reason that the petitioner was pursing his remedy before the High Court. The Principal Secretary would be obliged to decide the matter preferably within a period of three months from the date of filing of such appeal. - 2 - This writ application is disposed of with above liberty. Pawan/- (Ajay Kumar Tripathi, J.)