IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.645 of 2008 In (CIVIL WRIT JURISDICTION CASE 12921/2004) 01. State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 02. The Commissioner-Cum-Secretary, Government Minor Irrigation Department, Govt. of Bihar, Vikash Bhawan, Patna 03. Chief Engineer-Cum-Coordinator Minor Irrigation (Tubwell Division), Govt. of Bihar, Vishweswaraiya Bhawan, Patna 04. The Chief Engineer, South Tubewell Division, Minor Irrigation Department, Riding Road, Patna, (The Chief Engineer, South Tubewell Department, Riding Road, Patna (as stated in the writ petition) 05. The Superintending Engineer, Tubewell Circle, Arrah, Bhojpur 06. The Executive Engineer, Tubewell Division, Buxar ..... Respondents/Appellants Versus M/S Chandel Construction Private Limited, Gandhi Nagar, Katira, Arrah, Bhojpur through its Managing Director Kedar Nath Singh, S/o Late Bachuli Singh, R./o Mohalla-Gandhi Nagar, Katira, Arrah, P.S.-Arrah, District- Bhojpur ….. Petitioner/Respondent ---------------------------------- 12. 13.09.2011 The L.P.A. arises out of the order passed by the learned Single Judge in C.W.J.C. No. 12921 of 2004 dated 18.01.2008. The said writ petition was filed against the order contained in Annexure-1 issued by the liability committee for the deduction of liquidated damages. The learned Single Judge has held that no provision has been brought to the notice of this 2 Court as with regard to the liquidated damages, hence, payment cannot be denied to the petitioner- respondent herein. Under the above circumstances the learned Single Judge has quashed the order contained in Annexure-A. The said judgment has been appealed and it has been contended by the learned standing counsel that as per Clause-46 of the agreement which has been brought on record of L.P.A. the government is entitled to deduct the liquidated damages as provided under Clause-46 of the said agreement and it has also been asserted that the liquidated damages amount has already been deducted. Learned counsel for the petitioner- respondent herein has disputed the above fact to the effect that at no point of time the liquidated damages amount has been deducted by the Government and an amount of Rs.1,25,000/- is still due under the guise of liquidated damages. Learned counsel for the State is not able to produce any documentary evidence in support of his assertion that the amount of liquidated damages has already been deducted. Under the above circumstances, we are of the opinion that the order of the learned Single 3 Judge needs no interference. Accordingly this L.P.A. stands dismissed. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)