IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.860 of 2011 M/S Mother India Construction Pvt. Ltd, a Company registered under the Companies Act, 1956, and having its registered office at Aspura House, Road No.3, Sanjay Gandhi Nagar, Kankarbagh, Patna, 800 020 through its Manager, Raj Kishor S/o Sri Ram Shankar Singh, R/o Pesu Staff Quarter No.4 Mangals Road, Patna-800 015. …..Petitioner. Versus 1. The State of Bihar through the Secretary, Road Construction Department, Government of Bihar, Patna. 2. The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna. 3. The Superintending Engineer, Central Circle, Road Construction Department, Patna. 4. The Executive Engineer, Road Construction Department, Patna West Roads Division, Patna. …..Respondents. ----------- For the petitioner : M/s. Mrigank Mauli & Vinay Mistry, Advocates. For the respondents : Mr. Manoj Kumar Ambasta, G P XIV Mr. Subodh Kumr, A.C to G P XIV --------- 02/ 28.01.2011 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for a direction to the respondents to allow the petitioner the bonus of 5 per cent of the tendered value being the incentive for completion of the work ahead of scheduled completion time as provided under clause 2A of Agreement No.36 of SBD/2008-09 for ‘Widening and strengthening (including Cross Drainage Work) of Bihta- Lai Road from Kilometer 0.00 to 8.10’ and for other ancillary reliefs. 3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition in order to file an application before the Engineer-in-Chief, Road Construction Department, Government of Bihar (respondent no.2) for the - 2 - redressal of his grievances. 4. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files an application before the above-mentioned respondent no.2 within four weeks from today along with a copy of letter dated 28.04.2010 (annexure-8) issued by the Executive Engineer, Patna West Road Division, Road Construction Department, Patna to the Superintending Engineer, Central Circle, Road Construction Department, Patna as well as a copy of this order, the said authority shall decide the same in accordance with law by a speaking order within two months thereafter. Sunil (S. N. Hussain, J.)