IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12164 of 2009 M/S DAYANAND PRASAD SINHA &CO. at Janta Path, P.S. Kankarbagh, District – Patna-20, a partnership firm through its managing partner Dayanand Prasad Siha, son of Sri Harbanshi Lal, resident of Janta Path, PS – Kankarbagh, District & in the town of Patna. Versus 1. THE STATE OF BIHAR through Principal Secretary, Road Construction Department, Vishwesharaiya Bhawan , Bailey Road, Patna. 2. The Chief Engineer, Road Construction Department, Nirman Bhawan, Bailey Road, Patna. 3. The Superintending Engineer, Bhojpur Road Circle, Road Construction Department, Ara. 4. The Executive Engineer, Road Construction Department, Bhabhua Road Division, Bhabhua. ----------- 04. 19.01.2010 Heard learned counsel for the petitioner and learned Additional Advocate General XI for the State as well as perused the pleadings of the parties. There is material to show that a sum of Rs.7,36,000/- has been withheld from the bill of the petitioner for certain incomplete work with regard to the tender awarded to him. Even communication which has been brought on record by the petitioner shows that some part of the work has not been done though major portion of the work assigned under the contract has been completed. The reason for non-completion of the work is stated to be impossibility of performance. That is one aspect which cannot be sorted out and looked into by the writ court. Petitioner in this regard is well advised to raise an arbitration. There is a reason for the respondents to withhold some part of the money and in view of the above no direction can be issued in favour of the petitioner at this stage. 2 The writ application is disposed of with the above liberty. rkp ( Ajay Kumar Tripathi, J )