IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7979 of 2005 M/S Om Enterprises through its Proprietor Shri Bhagwati Prasad son of Mohan Lal, Sikandarpur, P.S. Town Muzaffarpur, District-Muzaffarpur. …… Petitioner. Versus 1. The State of Bihar through the Collector-cum-District Magistrate, Muzaffarpur. 2. The Additional Collector-cum- Incharge District Calamity Management Branch, Collectorate, Muzaffarpur. …. Respondents. ----------- For the petitioner : M/s Arvind Kumar Jha & Nand Kumar Singh, Advocates. For the respondents : Mr. Shashi Shekhar Pd. Sinha, Advocate. -------- 04/ 27.06.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging letter dated 03.05.2005 (Annexure-5) by which the District Magistrate, Muzaffarpur, black listed petitioner’s company and seized the security amount of Rs.10,000.00 deposited by the petitioner and for other ancillary reliefs. 3. From the facts and circumstances of this case, it is quite apparent that there was an agreement between the parties and the petitioner had to complete the work within time on the prescribed rates. Thereafter, some disputes had arisen and allegations have been levelled against the petitioner whereupon the impugned order had been passed. In the said circumstances, the petitioner should have approached the authority concerned for arbitration, but without availing the said opportunity the petitioner has brought the dispute to this court by this writ petition, although in the instant case, the disputed questions of facts have to be - 2 - considered and evidence will be required for which arbitration authority is fully authorised under the Act. 4. Accordingly, this writ petition is disposed of. Sunil (S. N. Hussain, J.)