IN THE HIGH COURT OF JUDICATURE AT PATNA ----------- C.W.J.C. NO. 177 OF 2011 M/s Jha & Company through its Managing Director Tara Shankar Jha, son of late Jatashankar Jha, resident of K.M. Tank, Laheriasarai, P.S. Laherisasarai, District Darbhanga. … Petitioner Versus 1. The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna 2. The Executive Engineer, Rural Works Department, Benipatti District Madhubani 3. The Superintending Engineer, Rural Works Department, Works Circle, Darbhanga 4. The Chief Engineer, Rural Works Department, Darbhanga 5. The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna … Respondents ----- For the Petitioner : Mr. Vivek Prasad, Advocate For the Respondents : Mr. Swapnil Kumar Singh, A.C. to A.A.G. 2. ------ 03/ 02.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 05.08.2010 (Annexure 1), by which the Executive Engineer, Rural Works Department, Works Division, Benipatti (respondent no.2) cancelled Agreement No. 55 F-02/2006- 07, seized the petitioner’s earnest money of Reserved Zama and made a further demand of Rs.9,75,871.00 against the petitioner adjusting the same from its other undergoing works and also proposed to blacklist the petitioner-firm as well as for other ancillary reliefs. 3. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition to move 2 before the appropriate authority, namely, the Superintending Engineer, Rural Works Department, Works Circle, Darbhanga (respondent no.3) as, according to the petitioner, the impugned order has been passed on the basis of assumption, which is clearly wrong. He further submits that the petitioner’s building materials are lying on the site and the petitioner has completed about 80% of the works to be done and gives undertaking to complete the remaining work within two months. 4. In the aforesaid facts and circumstances, this writ petition is disposed of as withdrawn with the aforesaid liberty. If the petitioner files an application before the Superintending Engineer, Rural Works Department, Works Circle, Darbhanga (respondent no.3) against the impugned order of the Executive Engineer within fifteen days from today along with a copy of this order, the said authority shall decide the matter in accordance with law after perusing the materials on record expeditiously, preferably within a period of three months from the date of filing of the said application. MPS/ ( S. N. Hussain, J. )