IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2067 of 2006 Tarni Prasad Yadav, son of Roshan Lal Yadav, resident of village and P.O. Sohandu Hat, , P.S. Palasi, District Araria … Petitioner Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Department of Rural Development , Government of Bihar, Patna 2. The Deputy Secretary, Department of Rural Development , Government of Bihar, Patna 3. The District Magistrate, Araria 4. The Block Development Officer, Palasi, District Araria 5. The Assistant Engineer, National Rural Employment Programme, Palasi, District Araria 6. The Junior Engineer, National Rural Employment Programme, Palasi, District Araria 7. The Deputy Secretary, Lokayukta Office, Bihar, Patna 8. Shilal Yadav, son of Dhanlal Yadav, resident of village Bhatania, P.O. Sohandu Hat, P.S. Palasi, District Araria. … Respondents ---------------------------------- For the Petitioner : M/s Uday Bhanu Roy and Ambish Kumar Jha, Advocates. For the State : Mr. Bhaskar Shankar, A.C. to G.P. 16 -------------------------------- 02/ 15.11.2011 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 issuance of an order, direction or writ in the nature of certiorari quashing letter no. 8753 dated 18.11.2005 whereby respondent no.2 has informed respondent no.3 inter alia that a sum of Rs.64,288.00 is recoverable from the petitioner. (ii) For issuance of an order, direction or writ in the nature of mandamus commanding the respondent authorities to ensure all possible assistance to the petitioner and necessary security so that the petitioner may complete the remaining work forthwith, as per the 2 agreement dated 28.02.1998. (iii) For grant of any other relief or reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case. 3. Considering the facts and circumstances of the case and the arguments raised by learned counsel for the parties as well as the materials on record, it appears that disputed facts are involved with respect to the contractual obligations of the parties. In that view of the matter, this matter can well be decided by arbitration as per the agreement and/or as per the provisions of the Arbitration and Conciliation Act, 1996. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to immediately approach the respondent-authorities for appointment of an Arbitrator, who, after considering all the facts and circumstances of the case as well as the respective claims of the parties, shall decide the matter in accordance with law expeditiously. MPS/ ( S. N. Hussain, J.)