IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1073 of 2011 In Civil Writ Jurisdiction Case No. 19298 of 2010 With Interlocutory Application No. 4971 of 2011 And Interlocutory Application No. 4972 of 2011 ====================================================== Om Prakash Sharma, S/o Late Jit Wahan Singh, Managing Director of M/s Om Lalita Construction Company, resident of Village Chiraura, P.S.- Naubatpur, District-Patna. .... .... Petitioner/Appellant Versus 1. The State of Bihar. 2. The Principal Secretary, Building Construction Department, Vishwaraiya Bhawan, Bailey Road, Patna. 3. The Principal Secretary, Department of Health Education and Family Welfare, New Secretariat, Bailey Road, Patna. 4. The Superintendent, Patna Medical College and Hospital, Patna. 5. The Director, Indira Gandhi Institute of Cardiology, Patna Medical College and Hospital, Patna. 6. The Chief Engineer, Building Construction Department, Vishwaraiya Bhawan, Bailey Road, Patna. 7. The Superintending Engineer, Building Construction Department, Vishwaraiya Bhawan, Bailey Road, Patna. 8. The Executive Engineer, Building Construction Division, North of Gandhi Maidan, Patna. 9. Sub-Divisional Officer, Building Construction Department, Medical Sub Division, Patna Medical College and Hospital, Patna. 10. Rajiv Ranjan then Junior Engineer, Building Construction Department, Mahila Section, Patna Medical College and Hospital, Patna. 11. The Junior Engineer, Building Construction Department, Medical Section, Patna Medical College and Hospital, Patna. 12. The Junior Engineer, Building Construction Department, Mahila Section, Patna Medical College and Hospital, Patna. 13. The Director, Public Health Institute, P.M.C.H., Patna. 14. The Accountant General, Bihar, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. K.D.Chatterjee, Sr. Advocate. For the Respondents : Mr. Subhash Pd. Singh, GA 7. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1073 of 2011 (2) dt.27-07-2011 2 2 27-07-2011 Re. Interlocutory Application No. 4971 of 2011: The delay of four days occurred in filing the Letters Patent Appeal is condoned. Re. Letters Patent Appeal No. 1073 of 2011: Feeling aggrieved by the judgment and order dated 20th May 2011 passed by the learned single Judge in above CWJC No. 19298 of 2010, the writ petitioner, a Government contractor, has preferred this Appeal under Clause 10 of the Letters Patent. The writ petition under Article 226 of the Constitution was filed by the appellant for recovery of its dues in respect of certain repair and renovation works in the Patna Medical College and Hospital carried out by the appellant. The petition has been dismissed by the learned single Judge as it involves disputed questions of facts. Therefore, the present Appeal. A petition under Article 226 of the Constitution in the nature of money suit cannot be entertained. The petition is rightly rejected. The Appeal is dismissed in limine. Interlocutory Applications stand disposed of. Sujit Kumar Sharma/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)