IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7174 of 2005 KAMESHWAR SINGH SON OF SRI RAJ NATH SINGH, RESIDENT OF VILLAGE-ITARIH P.S.- BHABHUA DISTRICT- KAIMUR AT BHABHUA. …… PETITIONER. VERSUS 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, IRRIGATION DEPARTMENT, SICHAI BHAWAN, NEW SECRETARIAT, GOVT. OF BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF, IRRIGATION DEPARTMENT, SICHAI BHAWAN, PATNA. 4. THE EXECUTIVE ENGINEER, SONE HIGH-LEVEL CANAL, KAIMUR AT BHABHUA. 5. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, SONE CANAL, DIHRI, ROHTAS. 6. THE SUB DIVISIONAL OFFICER, IRRIGATION DEPARTMENT, BHABHUA, KAIMUR. 7. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, KAIMUR AT BHABHUA. ….. RESPONDENTS. ----------- For the petitioner : M/s. Ashok Kumar Pandey & Rajani Kant Pandey, Advocates. For the respondents : Mr. Shashi Shekhar Pd. Sinha, A.C. to G.P. 17. -------- 03/ 10.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for a direction to the respondents to make payment of admitted dues of Rs.46264.00 with interest to the petitioner for the work done by the petitioner as per agreement no.32 F2/99-2000 dated 09.03.2000. 3. On the other hand, learned counsel for the respondents presses his counter affidavit and claims that only 45% of work had been completed and the remaining 55% of work had not been done within the time prescribed, hence he is not entitled - 2 - to receive the remaining amount. This fact is supported by report dated 22.07.2005 of the Liability Committee. 4. Learned counsel for the petitioner vehemently opposes the contention of learned counsel for the respondents and submits that he has completed the entire work, may be not within the fixed period, but the work has been completed. 5. In view of the aforesaid disputed question of fact, learned counsel for the petitioner seeks permission to withdraw this writ petition so that he may file an application for arbitration before the Bihar Public Works Contract Disputes Arbitration Tribunal which has been constituted during the pendency of this writ petition under the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008. 6. This writ petition is, accordingly, disposed of as withdrawn with the aforesaid liberty to the petitioner. Sunil (S. N. Hussain, J.)