IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20095 of 2010 SHYAM KISHORE RAI, SON OF LATE JAGDEV RAI, RESIDENT OF S.S. VILLA BALBHADRAPUR, LAHERIASARAI, P.S. LAHERIASARAI, DISTRICT DARBHANGA, PROPRIETOR OF M/S S.S. CONSTRUCTION INDIA LTD. BALBHADRAPUR, LAHERIASARAI, DARBHANGA…….PETITIONER. Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. ENGINEER IN CHIEF-CUM-ADDITIONAL SECRETARY, ROAD CONSTRUCTION, BIHAR, PATNA 4. CHIEF ENGINEER, ROAD CONSTRUCTION DEPARTMENT, DARBHANGA 5. SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, DARBHANGA. 6. EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, DARBHANGA ….RESPONDENTS. For the petitioner : M/s Ajay Kumar Thakur and Amit Kumar, Advocates. For the respondents : Mr. Saroj Kumar Sharma, AC. To AAG-XI ----------- 02/ 14.12.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed for setting aside order dated 15.04.2009 (Annexure-1) by which the Executive Engineer, Road Construction Department (respondent no.6) ordered that in pursuance of letter no. 455 dated 26.03.2009 the petitioner was to file show-cause within fifteen days but he did not file any show-cause and accordingly as per Clause 3.3 and 4.8 of the SBD (Standard Bidding Document) he is being declared disqualified and till completion of the entire work in future he will not be allotted any work although the petitioner had fulfilled all the conditions of contract. - 2 - 3. From the aforesaid facts and circumstances, it is quite apparent that there is an agreement between the parties and there is also a dispute with regard to the said agreement and the law provides that in such cases the matter can be referred to for Arbitration before the Arbitration Tribunal where the entire matter, including the issues involved in this writ petition can be decided. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the authority concerned for deciding the dispute by the Arbitration Tribunal. Harish (S.N. Hussain, J.)