@ HIGH COURT OF CHHATTISGARH AT B!LASPUR DIVISION BENCH Coram : HGN’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHR! SUNIL KUMAR SSNHA, J. WRIT PETITION (C) N0. 1349 OF 2009 PETITIONER Mooiohand Sharma, son of Late Roudmal Sharma, aged about 62 years, resident of Village Bagicha, Tahsi! Bagicha, District JashpumagaV (CG) Versus RESPONDENTS 1. State of Chhattisgarh through the Secretary, Department of Rura! Engineering Services, D.K.S. Bhawan! Raipur (CG) .2. The Executive Engineer, Rurai Engineering Services, Jashpur Division, Jaehpur (C.G.). 3. The Engineer in-charge, Rurai Engineering Services, Jashpur Division, Jashpur (C.G.) 4. The Sub Divisionai Officer, Rurai Engineering Services, Bageecha, District Jashpur (C.G.). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Present: Ms/Shéin’i‘iié ‘Singhai, iearned counsei for the Shri Kishore Bhaduri, teamed Additionai Advocate Generai for the State/respondents. ORDE R (06m March, 2009). The following order of the Court was passed by Rajeev Gupta, C.J. : Shri Kishore Bhaduri, teamed Additional Advocate Generai has raised a preliminary objection about the maintainability of the petitioner. z /\ ,writ petition on the ground that the writ petition involves disputed ( questions of fact; the petitioner has an alternative remedy of invoking Arbitration Clause in the agreement; and to approach the Madhyastham Adhikaran for arbitration. 2) Ms. Sharmiia Singhai, learned counsel for the petitioner, in view of the above preliminary objection, seeks permission to withdraw the writ petition with the liberty of availing the other remedies, which may be available to the petitioner under the agreement and the relevant provisions of law. 3) Permission granted. 4) With the above liberty, the writ petition is dismissed as withdrawn. subbu Sdl- Sunil Kumar Sinha j Sd/— Judge i Chief Justice