IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5416 of 2010 1. R.P.RAI, ESTATE PRIVATE LIMITED, 44, PATLIPUTRA COLONY, PATNA-13, THROUGH ITS MANAGING DIRECTOR, RAM PRAVESH RAI, S/O SRI KAMLA RAI, RESIDENT OF 19, PATLIPUTRA COLONY, PATNA- 13 Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE ENGINEER-IN-CHIEF (NORTH BIHAR), WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, SIWAN 4. THE SUPERINTENDING ENGINEER, FLOOD CONTROL CIRCLE, GOPALGANJ, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR 5. THE EXECUTIVE ENGINEER, SARAN DIVISION, WATER RESOURCES DEPARTMENT, CHAPRA ----------- 3 06/05/2010 Mr. Ramakant Sharma, learned Senior Counsel representing the petitioner has taken the line of least resistance after raising a larger issue with regard to the validity of the decision communicated to him by the Executive Engineer, Saran Division, Chapra contained in annexure-9. By the said decision the contract has been rescinded. His submission now is that based on the measurement which has been carried out by a team of Engineers constituted by the Chief Engineer he is willing to - 2 - settle the dispute by receiving payment for the work done and not push the matter beyond a point. Petitioner vide communication dated 26.2.2010 addressed to the Principal Secretary, Water Resources Department has raised his grievance. He has made certain prayers therein giving the background to the present contract and dispute but nothing came to be done by the Principal Secretary on the grievance of the petitioner. The Executive Engineer vide order dated 15.03.2010 (Annexure-9) has rescinded the contract which is under challenge. Without expressing any opinion on the merits of the claim of the petitioner, this writ application is disposed of with a direction upon the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna that taking cognizance of Annexure-8 and the prayer made before this Court he shall consider the offer of the petitioner for payment to the extent of the work done by him. He will take a decision to resolve the issue irrespective of the impugned annexure-9 dated 15.03.2010. Till the decision is rendered by the Principal Secretary or the person authorized by him, order dated - 3 - 15.03.2010 will remain in abeyance. This writ application stands disposed of with a direction that early adjudication would be required in this matter. AMIN (Ajay Kumar Tripathi, J.)