IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2859 of 2008 M/S CHAUDHARY & BROTHERS Versus THE STATE OF BIHAR & ORS ----------- 2 9.9.08 Petitioner is aggrieved by the action of the respondents in not only cancelling the agreement but also blacklisting the petitioner and forfeiting the security and the alleged claim for loss caused due to non completion of work. Petitioner states that in the letter of acceptance itself petitioner had clearly stated that he would finish the work on schedule if the ensuing Lok Sabha Election did not create problem in finding adequate transportation and if payments were regularly made. He submits that apart from the said two reasons having, in fact, there is a reason that there were extensive flood and because of these three reasons primarily that work could not be completed on schedule. He submits that accordingly not only blacklisting is illegal but cancellation of agreement, forfeiture of earnest money and demand of loss is also equally misconceived. Though in the last eight months no counter affidavit has been filed on behalf of the State, in my view, the controversies on facts are such that this Court in Writ jurisdiction under Article 226 of the Constitution is not equipped to resolve. In my view, it is better for the petitioner to file a proper application under and in terms of Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 as the dispute clearly arises out of the agreement. On such an application being filed, 2 the Tribunal would be competent to hear all aspects of the matter. It appears that till date no member has been appointed to the Tribunal nor rules have been framed under the said Act. As such, for the present the Tribunal is non- functional and in such circumstances I direct that till Tribunal hears and decides the matter with regard interim relief, the order blacklisting the petitioner, forfeiting the earnest money and also demand for loss will not be enforced against the petitioner Whenever the Tribunal is constituted , petitioner would move the Tribunal for proper adjudication and continuance of the interim order, as granted by this Court which will be disposed of expeditiously by the Tribuhnal including passing an order of payments due to either party depends. This disposes of the writ petition. SINGH (Navaniti Prasad Singh , J.)