IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8302 of 2009 M/S Ghanshyam Lal through its Managing Partner G.L. Madhogaria @ Ghanshyam Lal Madhogaria, son of Late Laxhmi Narayan Madhogaria, resident of Simrahi Bazar, P.O. Simrahi Bazar, P.S.- Raghopur, District- Supaul. …..Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna. 2. The Principal Secretary, Road Construction Department Visheshwaraiya Bhawan, Bailey Road, Patna. 3. The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Road Construction Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 4. The Deputy Secretary, Road Construction Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 5. The Chief Engineer, National Highway Sub-division, Bihar, Patna. 6. The Superintending Engineer, National Highway Division, Purnia. 7. The Executive Engineer, National Highway Division, Purnia. ....Respondents. --------------- For the petitioner : Mr. L.B. Singh, Advocate. For the respondents : Mr. Prabhat Kumar Sharan, A.C. to A.A.G. V. ----------- 03/ 17.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs: (i) For quashing of the order contained in letter No.423 dated 15.03.2007 (contained in Annexure-9) whereby the security deposit by the petitioner has been forfeited purportedly in exercise of power under clause-3(a) of the 47 F2 agreement by the respondent Executive Engineer and for a follow up direction to release the security deposit forthwith. (ii) For a direction to the respondents to release the 10% of the bill withheld by the respondent in the name of extension of time. (iii) For a further direction to the respondents to make payment of Rs.12,13,061.00 to the petitioner in terms of the final bill dated 04.08.2008. - 2 - (iv) For appropriate declaration that clause 3(a) of the Contract is inapplicable in the case of the petitioner and consequently the order of the forfeiture is totally without jurisdiction. (v) For any other relief(s) or consequential relief(s) to which the petitioner may be found entitled to in the facts and circumstances of the case. 3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an application before the Bihar Public Works Contract Disputes Arbitration Tribunal for deciding the grievance of the petitioner. 4. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. Sunil/ (S.N.Hussain, J.)